Answer This is a tricky area. H1B workers can only work for the H1B employer. Passive investment is permitted (e.g., buying stock in a company). Other revenue generating activities can be considered unauthorized self-employment. For many such activities, the rules are not entirely clear as to...
Answer This depends upon the employer. The GC case can continue while the individual is outside the U.S. The employer must file the I-140 within 6 months of the PERM approval. Otherwise, the PERM expires. But, the fact that the beneficiary is outside the U.S. would...
Answer You should be able to reenter the U.S. once the USCIS approves your application for OPT. Students and Exchange Visitors Program (SEVP) recommends that you make sure the USCIS has a valid U.S. address for you, to which it can send important correspondence regarding your...
Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...
Answer No, there is no such requirement for permanent residents. In fact, technically, GC holders aren't supposed to have to show a passport when returning to the United States. But, obviously, that is not a good idea ...
Answer GCs are always for future employment. So, yes, if the PD is current, the I-485 could be filed based on a future employment letter. However, it is best to get some advice as to the likelihood of success in such cases - and the steps...
Answer In most situations, it is necessary for an employer to file an H1B petition. This filing would request a change of status from H-4 to H1B, and would be cap exempt (assuming the prior H1B was cap subject and that you still have H1B time...
... My employer told me that they would file my H1B petition requesting a change of status to H1B and that I can continue working based on the cap-gap rule until the requested start date of October 1st. Will I be able to come back...
Answer This does not happen often, but it happens. The only thing that can force a decision is a lawsuit against the government (i.e. writ of mandamus). Other than that, you can try getting help through a congressman / senator, or through the CIS Ombudsman's office. (25.Jan.2016)In...
Answer If a person is not the primary, it does not matter. If one is the primary beneficiary, s/he COULD work part time, but (assuming this is an employment-based case) the GC job offer must be for a full-time position. Therefore, it could be that the...
