Answer The GC is based on a future job offer. So, a company could start that process without filing an H1B for the potential employee. It is best to have the individual shift over to the new company at some point in the GC process; but,...
Answer That depends upon a few issues - most importantly, whether the companies are related or affiliated. If the companies are completely unconnected, then there is no prohibition. However, problems arise if the petitions are identical / very similar, as that makes it seem as if...
Answer No, there is not a 60-day posting requirement before hiring a foreign national. Depending upon the situation, there may not be any requirement to post anything. (03.Nov.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer In order to change nonimmigrant status in the U.S., you first need make sure that you comply with general change of status requirements as described in the USCIS's Information Sheet. In addition, in order to request a change from one SEVIS status to another, such...
Answer If the AR-11 was not submitted at the time of the move, just do it now. The AR-11 is submitted online on the USCIS WebSite. While it is supposed to be submitted within 10 days of the move, many people fail to do so. It...
Answer If the PERM was filed far enough in advance to meet the 365-day rule, there would be options. If there is a basis for challenging the I-140 rejection, an MTR or appeal will keep it "alive" and make H1B extensions possible (if the 365-day rule...
Answer Yes, the employer could file a PERM labor for someone on OPT. While F-1s are a nonimmigrant intent category, the PERM filing does not void the status. (27.Oct.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer The USCIS continues to process I-485s, even if the date is not current. They are processed through to a pre-adjudication point, where the only thing missing is the visa number. The USCIS can definitely issue an RFE without a visa number available and can deny...
... My school considers full-time enrollment to be 6 credit hours per term. Therefore, I normally take two 3-credit classes one after another during each academic term. My CPT employer filed an H1B petition for me in the beginning of the current term. Therefore, my...
Answer Yes, another employer can file the H1B for CP. There is not a specific time limit, but it is important not to stay in the U.S. when out of status. In addition to the 3- or 10-year bar after 180 days of unlawful presence, in...
