Answer Many small companies and startups file H1B petitions. Any U.S. company can file. The basic requirement is that the company must be able to show that it has a proper H1B position available (i.e. a job that requires a bachelor's degree in a field of...
Answer If a request to change status has been timely filed, it is permissible to remain in the U.S. while the application is pending. Timely filed means filed while still holding a valid status - such as H1B. So, based on the information given, and assuming...
Answer An H1B worker can make a passive investment in any company. However, it must honestly be a passive investment, only. One cannot work at the company or run / manage the business. People often think they are not "working" because they hire someone else for...
Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e. deportable) and inadmissible. In...
Answer Even if the H1B extension was based upon the pending I-140, the denial does not disrupt the existing H1B status. This assumes there was no fraud finding against the individual in the denial. Of course, the concern with respect to the H1B is finding a...
Answer Generally speaking, a person is charged against his country of birth, not country of citizenship. Unless you are married to someone who was born in a country other than India, you likely will have to use India as your country of chargeability. (21.Dec.2015)In frequent sessions...
Answer It is permissible to travel with an amendment pending. If there is a valid H1B visa 'stamp' and approved petition for reentry, this typically is sufficient. It may be best to have the amendment receipt notice, in case of any questions. If the amendment is...
Answer There isn't a specific rule. It is a case-specific judgment call at the port of entry where the officer may take into consideration various factors, including duration and frequency of previous visits. Typically, the recommendation is to wait at least six months abroad following a...
