Answer It depends upon whether the H1B was filed through a cap-exempt employer. Just because a company is a nonprofit, does not automatically make it cap-exempt; rather, this only applies to universities and their nonprofit affiliates, as well as government and nonprofit research institutions. Assuming the...
... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...
Answer Generally speaking, a person with an H-4 EAD may apply for unemployment benefits, assuming s/he otherwise qualifies. (09.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer Generally, a start-up may sponsor workers for green cards. But, like all other companies, an 'ability to pay' the foreign worker being sponsored likely will be required. Depending on the circumstances, this can be a bit more challenging to prove for a new company. (09.Jan.2017)In...
Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...
Answer The I-140 and H1B are completely separate. One's I-140 will remain valid in this situation, and can be used to obtain permanent residence when the priority date becomes current, assuming the job is still available. (09.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other...
Answer If USCIS did not make a finding of an F-1 status violation when your STEM OPT application was denied, you should still be eligible for the 60-day grace period after the expiration of your initial OPT employment authorization. You should complete the transfer of your...
Answer Generally speaking, a person may remain in L1B status for a maximum of 5 years. An approved I-140 cannot be used as a basis to extend L1B status beyond the 5-year max. Rather, to be eligible to return in L1B status, one typically would need...
Answer Leaving the United States before approval of the advance parole normally would result in "abandonment" of the I-485 application (unless one is in H or L status). (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer As long as the I-539 was filed before the I-94 expired, this typically would allow the applicant to remain in the U.S. in a 'period of authorized stay' until the application is approved or denied. (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other...
