Answer Yes, it may be possible to request a change of status to H1B with an I-140 approval. However, it is still necessary to meet all the general H1B requirements - including a cap filing or cap exemption - in every situation. (13.Apr.2015)In frequent sessions of...
Answer The advanced degree exemption requires a degree from an accredited, nonprofit U.S. college or university. It does not matter if the program was part-time, evening, and/or online. Just check the nonprofit / for-profit status of the school and the accreditation. There are links on MurthyDotCom...
AnswerWe are always hopeful, but there does not seem to be anything likely in the near future. The law itself is unlikely to change in the current political climate. The EB2 India backlog is tied to the limits in the law. Regulations and policy are...
Answer No, the six-year clock does not reset due to being in another status for a year. It is necessary to leave the U.S. for a year in order to be eligible for a new six years of H1B time. It is also necessary to file...
Answer Generally, employment conducted at an off-campus location requires authorization from your Designated School Official (DSO) or USCIS, with some exceptions. Specifically, if your employment is associated with the school's established curriculum and related to contractually funded research projects at the post-graduate level, it may be...
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...
