... my employer filed an H1B petition on my behalf, requesting a status change from F-1 to H1B. However, the USCIS issued a request for evidence (RFE) asking to show proof that I have been maintaining status by being gainfully employed while on OPT. I...
Answer Yes, it is possible for new or very small companies to file H1B petitions. We represent start-up companies regularly. What is needed is proof that there really is work for the sponsored H1B person to perform. (23.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and...
Answer No, the priority date is not "locked in" and available for a subsequent case unless the I-140 is approved. The priority date is the date the PERM is filed, but if the PERM isn't approved, there is no way to retain that date later. (23.Mar.2015)In...
AnswerThis would be best to go over in a consultation. There are issues of intent at entry that would need to be cleared. There are also questions about the contents of the visa application if it was made just before this trip. It is important...
Answer USC siblings can file I-130 petitions in the family-based, 4th preference category. The I-485 cannot be filed concurrently with these cases, as the priority dates are backlogged for many years. The I-485 must wait until the particular case's priority date is current; for FB4, that...
Answer Returning to a prior employer is allowed under the concept of the dormant petition. In this example, with only a month between the transition, it is likely safer than in other situations involving much longer timeframes. This is, of course, assuming that Employer A has...
Answer The answer to this question depends upon whether the second PERM is being filed by the same employer or a different employer. If it is a different employer, that is possible. Otherwise, the first PERM has to be withdrawn before filing again with the same...
Answer No, time spent in H-4 status, even with an EAD, is not counted against the H1B 6-year time limit. (16.Mar.2015)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,...
Answer Many PERM audits are simply random audits. This is done just to verify that employers are actually complying with the PERM recruitment requirements. Then, there are audits because the job requirements exceed the DOL norm for that category. There are other issues that can increase...
Answer It is permissible to continue to work in the H1B position until the change of status is approved (assuming the H1B status remains valid). The change of status within the U.S. could take around 3-4 months. If it is filed with a premium processed H1B...
