Answer It is normally possible to obtain an H1B cap-exempt approval in the situation described. The old H1B is not reactivated. An employer must file again, but the filing can be made as cap exempt, with eligibility for the unused time in the initial six-year period....
AnswerYes, the change of jobs does not invalidate the H-4 EAD. The EAD is not directly tied to the H1B job. (08.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
Answer It is not necessary for both husband and wife to apply for the H1B/H-4 visa 'stamping.' If only one person needs or wants the visa stamp, the other can stay in the United States. (08.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer A student who applied for reinstatement must be "currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20." Generally, students in F-1 status still would be considered to be maintaining a full...
Answer No, the EAD must be APPROVED in order to authorize employment. The same is actually true even when filing to extend the EAD after the initial approval. (i.e. Once the existing EAD expires, one may not work until the new EAD is issued.) (01.Jun.2015)In frequent...
Answer The I-140 itself is employer-specific and job-specific. The only time that the PERM can be "transferred" to a new employer is when there is a suitable connection (i.e. successor in interest) between the sponsor and a different company. This happens with mergers etc. Otherwise, if...
AnswerIf the I-140 was approved after the educational issue was raised and argued, the matter should be closed. If you meant to ask about the adjustment of status (i.e. green card), rather than the naturalization process, the validity of the I-140 can be a concern....
Answer We do not believe the H-4 EAD lawsuit has a strong chance of succeeding. So far, it is going nowhere. Any updates will be posted on MurthyDotCom, if there are further developments. (01.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
... Should I obtain a new I-20 for the cap-gap extension of my OPT authorization? If yes, what information do I need to provide to my DSO to issue this I-20? Answer Even though the cap-gap extension is automatic, it is advisable that you obtain a new...
Answer Once you are no longer on L-1, your wife will not be able to stay on L-2 or use the corresponding EAD. She likely will have to change to H-4, unless she can change to her own independent status. Some H-4s will be able to...
