Answer No. Cap-gap does not go all the way to October 1st if the H1B petition is rejected. There are several key dates for cap-gap that depend upon whether the case is selected and, then, whether it is approved or not. We have that exact information...
Answer It is possible to change status while one's spouse's H1B is in process; but, it may create complications in terms of her status. It gets confusing when there are multiple requests to change / extend status. I would suggest scheduling a consult with an attorney...
AnswerIt is not necessary to stop once the H-4 COS/EAD filings are submitted. But, it would be necessary to stop working after the COS to H-4 is approved until the time the EAD is issued. It is still unclear how much of a gap there...
Answer The answer to this depends upon why the salary is below the LCA. This could be an issue in an H1B extension through the same employer, as it raises questions about whether the employer complied in the past (which reflects upon likelihood of future compliance)....
Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look on the iCert page of the DOL WebSite to see the priority dates of the PERM cases under process. That information is typically pretty...
Answer Yes, a person with an H-4 EAD can start his/her own business. As for the H1B spouse, unauthorized work is still unauthorized work, with or without a paycheck. (30.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
AnswerThe level of risk depends upon the particular H1B case. The safest option typically would be to wait with the existing employer until the change of employer petition is approved. However, if you would like to move to the new employer while the case is...
Answer An employer cannot impose a "penalty" against an employee who leaves the company before the end of the H1B term. Employers can, however, include a "liquidated damages" clause in an employment contract to recover certain expenses. The federal regulations explain that "The distinction between liquidated...
... my employer filed an H1B petition on my behalf, requesting a status change from F-1 to H1B. However, the USCIS issued a request for evidence (RFE) asking to show proof that I have been maintaining status by being gainfully employed while on OPT. I...
Answer Yes, it is possible for new or very small companies to file H1B petitions. We represent start-up companies regularly. What is needed is proof that there really is work for the sponsored H1B person to perform. (23.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and...
