Faq - Murthy Law Firm | U.S Immigration Law

05 Sep 2014

I have been attending school full-time for my second master’s program of study. Because I received a job offer based on my first master’s degree, my future employer filed an H1B petition for me to start on October 1st. …

... The petition was approved with the change of status from F-1 to H1B and USCIS issued the approval notice with an I-94 form for H1B status to start of October 1st. However, after the approval, I fell ill and stopped attending classes without informing...

15:24 / FAQs

25 Aug 2014

Can I take full time employment immediately after getting EAD? Some say I need to wait 6 months after getting EAD?

Answer The EAD allows immediate, unrestricted employment authorization. But, if the question is asking about changing the job that is the basis for the green card case, that is AC21 portability - requiring a change to a job that is in the same/similar classification. AC21 portability...

15:41 / FAQs / Uncategorized

25 Aug 2014

Can I have two full-time jobs on H1B for different employers? Both of them are work-from-home projects.

Answer Yes, it is possible to have two full-time concurrent H1Bs, if a person can manage to hold down two full-time jobs. Naturally, each employer must file an H1B petition. (25.Aug.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

15:32 / FAQs

25 Aug 2014

Is it possible to open a company in the U.S. while on an H-4 visa?

Answer A person in H-4 status is NOT allowed to work. Without work authorization, one cannot open, run, or manage a company. One can passively invest money in any company or investment of his/her choice, but a non-work authorized person cannot run a company. (25.Aug.2014)In frequent...

15:29 / FAQs

25 Aug 2014

For filing a new H1B case, can I use an expired H1B petition which was approved, but never used? Or, do I need to go through the H1B quota and lottery again?

Answer This should be discussed in a consultation with an attorney, as the clear answer is maybe. It is often possible to avoid needing a cap number when there has been a prior H1B approval, even if the person never worked for that employer. But, there...

15:27 / FAQs

22 Aug 2014

I am working pursuant to the cap-gap OPT extension. While engaged in OPT, I was unemployed for 80 days. I have already completed one full year of OPT and am currently waiting for the H1B start date on October 1st. …

... I would like to take some time off and travel around the U.S. for a month. Is there any problem with this? Answer During the cap gap OPT extension, you continue to be subject to the maximum unemployment limit of 90 days. Since you already have...

15:27 / FAQs

18 Aug 2014

My husband’s L-1 status will change to H1B on October 1st. When should I change my L-2 to H-4?

Answer The L-2 status will be lost once the H1B is effective on October 1st. In order to change status, a person must be in status at the time of filing. Thus, the request to change status must be filed (received by the USCIS) before October...

08:27 / FAQs

18 Aug 2014

Is it legitimate to file another petition with new employer even if H1B and I-94 is expired?

Answer An H1B petition could be filed by a new employer even after the prior H1B and I-94 have expired. There may be a status issue and such a case would usually only be eligible for approval for consular processing. (18.Aug.2014)In frequent sessions of our Chat,...

08:25 / FAQs

18 Aug 2014

My current status is H-4 and my H1B petition is in pending status. My husband would like to transfer to a new company. Do we have to file a new H-4 application along with his H1B transfer petition?

Answer H-4 status is not company-specific. So, it is not necessary to file an I-539 for the H-4 every time the H1B primary changes jobs. It is just necessary to make sure that the I-539 is filed before the H-4 status / I-94 expires. (18.Aug.2014)In frequent...

08:23 / FAQs

18 Aug 2014

Should I leave the U.S. at end of 6th year – when my Labor is in progress with my new employer? (I-140 is already approved from old employer.)

Answer If the I-140 has been approved through the old employer and it hasn't been revoked, the H1B could be extended on that basis with the current employer. Otherwise, if there is no way to remain in the U.S. (no recapture time, no status through a...

08:21 / FAQs

Murthy Law Firm

I have been attending school full-time for my second master’s program of study. Because I received a job offer based on my first master’s degree, my future employer filed an H1B petition for me to start on October 1st. …

Can I take full time employment immediately after getting EAD? Some say I need to wait 6 months after getting EAD?

Can I have two full-time jobs on H1B for different employers? Both of them are work-from-home projects.

Is it possible to open a company in the U.S. while on an H-4 visa?

For filing a new H1B case, can I use an expired H1B petition which was approved, but never used? Or, do I need to go through the H1B quota and lottery again?

I am working pursuant to the cap-gap OPT extension. While engaged in OPT, I was unemployed for 80 days. I have already completed one full year of OPT and am currently waiting for the H1B start date on October 1st. …

My husband’s L-1 status will change to H1B on October 1st. When should I change my L-2 to H-4?

Is it legitimate to file another petition with new employer even if H1B and I-94 is expired?

My current status is H-4 and my H1B petition is in pending status. My husband would like to transfer to a new company. Do we have to file a new H-4 application along with his H1B transfer petition?

Should I leave the U.S. at end of 6th year – when my Labor is in progress with my new employer? (I-140 is already approved from old employer.)

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