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07 Mar 2016

Can I apply for an H-4 EAD while my spouse’s H1B amendment is in process?

Answer Yes, generally speaking, an H-4 EAD can be requested while an H1B amendment is in process. (07.Mar.2016)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, click here.Access more...

14:22 / Employment Based / FAQs / Resident / Worker
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07 Mar 2016

Can I extend my L1B status beyond 5 years based on an approved I-140?

Answer Unlike the H1B category, the L-1 category does not allow for extensions based upon a pending green card case. In these situations, it may be necessary to try to switch to a different status, such as H1B. (07.Mar.2016)In frequent sessions of our Chat, Sheela Murthy...

14:20 / FAQs / Worker
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07 Mar 2016

Can a person in H1B status participate in competitions (e.g., sports, arts, computer programming) and win prizes?

Answer If these are prizes with little or no cash value (e.g., trophies), that would be fine. If there are actual prizes of value, the answer may depend on the situation. Before entering in the competition, you should speak with an immigration attorney to discuss the...

14:17 / FAQs / Worker
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29 Feb 2016

Do I need my original I-140 approval notice to use that priority date for a GC case filed by a different employer?

Answer No, the original I-140 approval notice is not needed for PD retention. Just reference the approved case receipt number information and include a copy of the approval, if available. The USCIS has all the information on the old case - they are the ones who...

08:53 / Employment Based / FAQs / Resident / Worker
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29 Feb 2016

Can a person with an H-4 EAD earn income from rental properties and/or stock trading?

Answer The H-4 EAD allows unrestricted employment authorization. So, one may work in virtually any type of position, including self-employment (e.g., managing rental properties). As for earnings from stock, if this were passive income (like dividends, capital gains, etc) from routine stock market investments, an EAD...

08:51 / Employment Based / FAQs / Resident / Worker
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29 Feb 2016

I was in H1B status from 2007 to 2009. Can I avoid the lottery and just apply for the remainder of my H1B time?

Answer It can be tried. There are technicalities that started causing some problems in situations such as this. But, we found strategies that have worked to allow the request for the unused remainder time, even years later. (29.Feb.2016)In frequent sessions of our Chat, Sheela Murthy and...

08:50 / FAQs / Worker
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29 Feb 2016

If an L1B visa has been rejected by the consulate in India, is there a minimum time period required or recommended before applying for an F-2 visa?

Answer There is no minimum time period one has to wait to apply for an F-2 visa in this situation. The two categories have very different requirements and an L1B denial does not necessarily mean that one is ineligible for F-2. I would suggest getting some...

08:29 / FAQs / Student / Worker
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26 Feb 2016

I am a student in F-1 status working on OPT. My OPT will expire in early May. In April, my employer will file an H1B petition for me for the start date of October 1st this year. …

... I heard that there is expected to be a lottery again this year for H1B petitions that will be accepted for processing by USCIS. Will I be able to continue working past the expiration of my OPT? Does it depend on whether my H1B...

08:30 / FAQs / Student
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22 Feb 2016

Can I work in H1B status for two different employers if the jobs are in completely different fields?

Answer It is possible for a person who has qualifications in more than one area to have H1Bs approved in different fields. H1B can be approved for concurrent employment, and more than one petition can be valid simultaneously. However, it would be best to go over...

15:04 / FAQs / Worker
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22 Feb 2016

If I change from H1B to H-4 status, will that impact my approved I-140? Will I be able to return to H1B status later, if necessary?

Answer The I-140 priority date generally is locked in with the approval. That case itself could continue if the employer is willing. Otherwise, the PD could be retained in a later GC case in most instances. If one moves to H-4 status, this would not prevent...

15:02 / Employment Based / FAQs / Resident / Worker
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