Answer Yes, the H1B can be filed by the new employer even after 4 weeks of unemployment. The issue is how to regain H1B status. This normally cannot be done from within the U.S. when there has been a status lapse. It usually is necessary to...
Answer A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn't needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the...
Answer Nothing happens automatically to the PERM/I-140 at the six-year H1B point. Assuming the employer still supports the case, the PERM and I-140 can be approved, even if one is out of H1B time. And, of course, it may be possible to use the pending...
Answer Not likely until the child reaches 21. At 21, a USC child could sponsor his/her parents for their green cards. Beyond that, there are limited situations in immigration law in which a child under 21 can assist with immigration issues. (e.g., Waiver or other extraordinary...
... My DSO authorized an early withdrawal for me and told me that I needed to come back to school and enroll in classes within five months after the date of my departure. I came back just before a regular summer break, after spending three...
Answer No, a person can only have one status at a time. It is possible to have both an H1B and an H-4 visa "stamp" in one's passport; but, not to be in both H1B and H-4 status at the same time. It might be best...
Answer The H1B petition withdrawal is the employer's responsibility. The petition belongs to the employer - the H1B worker can't withdraw it. There would not be any immigration issues created in this situation, as long as these were genuine job offers, separate from each other, and...
Answer Yes, the H-4 is spouse-specific, not specific to your spouse's job. So, as long as the H1B is maintained, the other spouse is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (03.Aug.2015)In frequent sessions of our Chat, Sheela Murthy...
Answer Anyone who obtains a U.S. master's degree (or higher) from an accredited, not-for-profit college or university can file in the master's cap. It is the degree that matters, not the status held when obtaining the degree. H-4s are eligible to attend school, so that is...
Answer No, if a foreign national is trying to change from L-1 to H1B, s/he needs to be counted against the cap. The only exceptions are for cap-exempt employers. There are no other special exemptions, even after the I-140 approval. (27.Jul.2015)In frequent sessions of our Chat,...
