Answer The visa 'stamp' can be used as an entry document through its expiration date. This document can be used with the new extension, although that sometimes causes issues with "short" I-94s at the port of entry. So, be sure to present the latest I-797 approval...
... Once I started working, I had two weeks of unpaid leave for health reasons. Would the two weeks I missed be counted against the maximum 90-day unemployment allowance? Answer The two-week period should not be added to your 85 days of unemployment, if you were still...
Answer The visa "stamp" generally remains valid through to its expiration date. It can be used to request admission up until the last day. The duration of admission is determined by the H1B petition, which may not match the visa end date if there has been...
Answer Yes, it is possible to have two H1B petition approvals and concurrent employment. The fields do not have to match, provided the beneficiary is qualified for both positions. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer If you file a FOIA request, the USCIS may not provide you with a copy of the actual approval notice; but, the USCIS typically will at least provide the beneficiary with related documents that contain all the important information one would find on the actual...
Answer The H-4 visa application does not require that the H1B spouse have an up-to-date H1B visa "stamp." The H-4 application simply requires showing proof of the marriage and proof of the spouse's valid H1B status. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other...
... I also heard that the DHS is in the process of implementing a new rule so that it can continue with STEM OPT. If the new rule is not put in place by the time the current STEM OPT benefit expires, will I be...
Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...
Answer It is not necessary to file a new PERM case through the new employer, as long as the new job fits within the AC21 requirements. That is, the new job has to fall within the same / similar job classification as the PERM job with...
Answer If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer that...
