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15 Aug 2014

I have been working pursuant to the cap gap extending my F-1 status and OPT employment authorization. However, my employer withdrew my H1B petition before USCIS issued a decision on it. …

... I would like to continue to maintain my F-1 status. Can I go back to school to do it? Answer Once your H1B petition is withdrawn, you have 10 additional days of employment authorization and 60 days of grace period. As long as you complete your...

14:36 / FAQs
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11 Aug 2014

I’m on H1B and moved to Employer B from Employer A two months ago. Is it possible to move back to Employer A?

AnswerGenerally, when an employee leaves the company, the employer is supposed to withdraw the H1B in order to end the LCA obligations. If the employer has withdrawn the H1B petition, a new one would need to be filed in order for a prior employee to...

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11 Aug 2014

My green card was approved and I received the card. My wife has applied for adjustment of status and she did fingerprinting today. Will she get the green card or EAD next?

Answer The EAD is not a prerequisite to the green card approval. If your wife applied for EAD, it should come within 90 days. The processing time for her I-485 application depends on several factors including the availability of the priority date and the length of...

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11 Aug 2014

While on EAD based on a pending I-485, is an employee eligible to work for two full-time projects?

Answer An individual with an approved EAD card is eligible to work for multiple employers at the same time, even on a full-time basis. (11.Aug.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

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11 Aug 2014

I am in L-1 status and my company is proposing to apply for my GC in the EB1 category. I have five more months of stay in U.S. Is it advisable?

Answer The answer depends on the strength of the EB1 case. If your employer is filing the EB1 based on the Multinational Executive / Manager Transfer category, premium processing is not currently eligible for that category, which means that you will likely need to concurrently file...

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09 Aug 2014

I have been working on CPT and my employer filed an H1B petition requesting a change of status for me from F-1 to H1B. …

... My employer just told me that, while the petition was approved, USCIS denied the change of status from F-1 to H1B because they found that my CPT was not directly related to my field of study and this is in violation of F-1 status....

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04 Aug 2014

I have an H1B visa valid through Sep 30, 2014. I have a new I-797 approval notice valid through 2017. I’m planning a trip abroad in Aug. Do I need new visa stamp?

Answer It is possible to travel on a valid H1B visa stamp through its expiration. So, it wouldn't be necessary to get a new visa if the return trip is prior to the September expiration date. Just double check the duration of the I-94 given at...

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04 Aug 2014

Can I change employers during a PERM audit, and, if so, will it impact future processing for my visa or green card?

Answer There is nothing about a PERM audit that prevents a change of employer. A person would have to consider if s/he has enough time left on the H1B or other nonimmigrant status to make that change and start the GC process again. (04.Aug.2014)In frequent sessions...

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04 Aug 2014

I am a full-time employee in H1B status. I am expecting a baby in winter. Can I take 6 months sabbatical without pay?

Answer H1B holders can request unpaid leave for personal / health reasons, including maternity. However, in order to be considered as being in status, such leave time should be in keeping with the employer's policies,  U.S. standards, and applicable laws, including the Family and Medical Leave...

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04 Aug 2014

I am changing to a new H1B employer. Can I work on my EAD if there is a delay in receiving the H1B receipt to avoid delaying my start date?

Answer It is possible to use the EAD to complete the I-9 so that work can start on time if there is a delay in the H1B receipt notice. As long as the H1B is filed before work starts, and everything goes well in the H1B...

13:20 / FAQs
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