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29 Feb 2016

Can a person with an H-4 EAD earn income from rental properties and/or stock trading?

Answer The H-4 EAD allows unrestricted employment authorization. So, one may work in virtually any type of position, including self-employment (e.g., managing rental properties). As for earnings from stock, if this were passive income (like dividends, capital gains, etc) from routine stock market investments, an EAD...

08:51 / Employment Based / FAQs / Resident / Worker
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29 Feb 2016

I was in H1B status from 2007 to 2009. Can I avoid the lottery and just apply for the remainder of my H1B time?

Answer It can be tried. There are technicalities that started causing some problems in situations such as this. But, we found strategies that have worked to allow the request for the unused remainder time, even years later. (29.Feb.2016)In frequent sessions of our Chat, Sheela Murthy and...

08:50 / FAQs / Worker
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29 Feb 2016

If an L1B visa has been rejected by the consulate in India, is there a minimum time period required or recommended before applying for an F-2 visa?

Answer There is no minimum time period one has to wait to apply for an F-2 visa in this situation. The two categories have very different requirements and an L1B denial does not necessarily mean that one is ineligible for F-2. I would suggest getting some...

08:29 / FAQs / Student / Worker
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26 Feb 2016

I am a student in F-1 status working on OPT. My OPT will expire in early May. In April, my employer will file an H1B petition for me for the start date of October 1st this year. …

... I heard that there is expected to be a lottery again this year for H1B petitions that will be accepted for processing by USCIS. Will I be able to continue working past the expiration of my OPT? Does it depend on whether my H1B...

08:30 / FAQs / Student
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22 Feb 2016

Can I work in H1B status for two different employers if the jobs are in completely different fields?

Answer It is possible for a person who has qualifications in more than one area to have H1Bs approved in different fields. H1B can be approved for concurrent employment, and more than one petition can be valid simultaneously. However, it would be best to go over...

15:04 / FAQs / Worker
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22 Feb 2016

If I change from H1B to H-4 status, will that impact my approved I-140? Will I be able to return to H1B status later, if necessary?

Answer The I-140 priority date generally is locked in with the approval. That case itself could continue if the employer is willing. Otherwise, the PD could be retained in a later GC case in most instances. If one moves to H-4 status, this would not prevent...

15:02 / Employment Based / FAQs / Resident / Worker
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22 Feb 2016

I filed my I-485 and received my EAD. But, I was told I should still maintain my H1B status. Is that really necessary?

AttorneyIt is generally best, if at all possible, to maintain H1B status until the GC is approved. The primary reason for this is that if the I-485 is denied for some reason, at least one still would be in valid H1B status. Otherwise, the denied...

14:59 / Employment Based / FAQs / Resident / Worker
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22 Feb 2016

What happens after the 240-day limit has passed and an H1B EOS is still pending?

Answer People are legally in the U.S. based upon a timely filed, non-frivolous request to change or extend status. So, a person typically still would be legally in the U.S. in this situation. But, s/he would not have authorization to work. Before passing the 240-day limit,...

14:40 / FAQs / Worker
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19 Feb 2016

I have finished my first year of study in F-1 status and I would like to transfer to another university. However, I just found out that I have to travel …

... to my home country urgently for a couple of weeks. Will I be able to come back to start attending the new school? Are there any timing issues of the transfer process? Answer If you travel before your SEVIS record is transferred to the new school,...

07:54 / FAQs / Student / Travel
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15 Feb 2016

My H1B extension is pending, but I am about to move to a different client. Can I file an H1B amendment even though my extension request is still pending?

Answer The options here depend upon the situation. If the I-94 has not expired, we typically would recommend refiling the H1B petition as both an amendment and extension request. However, if the I-94 has expired and there is a client change while an extension is pending,...

15:15 / FAQs / Worker
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Owings Mills, MD 21117 USA
410.356.5440

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Jacksonville, USA:  410.356.5440

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