Answer In order to be eligible for additional H1B time beyond the six years, the I-140 must stay in place (unrevoked). If the I-140 has been revoked, it may be possible to obtain an H1B approval for the amount of time remaining on the existing petition,...
... The H1B petition was approved with an I-94 for a start date of October 1st, which is still in the future. Based on the H1B filing, I obtained a new I-20 for cap-gap employment. If I withdraw my STEM extension instead of replying to...
Answer PERM labor certifications are job-specific. If the job has changed from the position described in the PERM in a material way, a new PERM is likely appropriate. The entire GC case is based upon that job offer / description. In order to move forward with...
Answer No, the U.S. citizen petitioner does not have to be in the U.S. in order for the parent being sponsored to file an I-485. The child is just listed on the parent's I-485 as a matter of data / record keeping, but his whereabouts do...
AnswerH1Bs are not transferred from company to company. Thus, the expiration date is not important. If the person was counted against the cap and has not used all of the six years of H1B time, it is usually possible to file for H1B as cap...
Answer If a person is working in H1B status and has a pending I-485, he will automatically fall into a period of authorized stay based on the pending I-485 if the H1B position ends. There is nothing that has to be done. The approved EAD would...
... My initial OPT authorization has ended and my STEM OPT application is still pending. I would like to take a trip abroad in the near future. I still have a valid F-1 visa in my passport. Am I allowed to travel? Answer Student and Exchange Visitor...
Answer Universities and their nonprofit affiliates are cap exempt. Nonprofit and governmental research institutions are also cap exempt. Other types of nonprofit organizations, however, are NOT cap exempt.These cases are cap exempt if the person will be working AT the cap-exempt organization, even if they are...
Answer Yes, it is possible to amend and extend all in one filing. If you look at the I-129 form, you will see the options asking what action/s are desired. If there is eligibility for an extension, these requests can be combined. (04.May.2015)In frequent sessions of...
AnswerNo, a person can only hold one nonimmigrant status at a time. (04.May.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 chat participation, click here.Access more FAQs here.Copyright © 2015,...
