AnswerGenerally, an H1B individual is only able to work for the H1B petitioning employer. With other income, the question is whether the USCIS would consider it to be evidence of unauthorized employment. The test would be whether this is an active or passive investment. For...
Answer It is possible to upgrade a pending I-140 to premium processing, assuming the case is filed in a category that allows for premium. To do this, it is necessary to have the receipt number from the I-140. The company would have to permit this upgrade....
Answer The H1B petition has a starting date. That is when one is supposed to start working for the H1B employer. I am assuming that the H1B was approved with a change of status (I-94). There may be a bit of flexibility with respect to the...
AnswerThere is typically an abbreviated type of background check done in the H1B petition context. This normally does not cause a delay and, essentially, goes unnoticed by the petitioner / beneficiary. Sometimes, however, there are issues of concern regarding either the individual employee or the...
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...
