Answer Yes, but if you travel with a change of status pending, the COS will be deemed abandoned and the case will be processed for consular processing. Therefore, in order to return in H1B status, one would typically need to apply for an H1B visa "stamp."...
Answer The comment period closed about two weeks ago. There were around 30k+ comments, all of which must be reviewed and considered by the government before finalizing. The regulation covered quite a number of issues - not just the I-140 EAD. So, it could easily be...
Answer The H-4 and the H-4 EAD are not specific to the spouse's job. As long as the principal spouse maintains valid H1B status, a change to a new employer typically would have no impact on the H-4 EAD. (14.Mar.2016)In frequent sessions of our Chat, Sheela...
Answer If an approved I-140 is needed to extend one's H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition,...
... However, I would like to transfer to another program and apply for reinstatement as a back-up plan. Can I pursue both of these courses of action? Are there any downsides? Answer It is understandable that you want to increase your chances of being able to maintain...
Answer Generally speaking, a person in H1B status should only work in a volunteer position if it is one that would ordinarily be filled by a volunteer. For instance, volunteering for a charity organization or to help at your child's school may be permissible. But, other...
Answer Yes, generally speaking, an H-4 EAD can be requested while an H1B amendment is in process. (07.Mar.2016)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 more...
Answer Unlike the H1B category, the L-1 category does not allow for extensions based upon a pending green card case. In these situations, it may be necessary to try to switch to a different status, such as H1B. (07.Mar.2016)In frequent sessions of our Chat, Sheela Murthy...
Answer If these are prizes with little or no cash value (e.g., trophies), that would be fine. If there are actual prizes of value, the answer may depend on the situation. Before entering in the competition, you should speak with an immigration attorney to discuss the...
Answer No, the original I-140 approval notice is not needed for PD retention. Just reference the approved case receipt number information and include a copy of the approval, if available. The USCIS has all the information on the old case - they are the ones who...
