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01 Aug 2014

I am a beneficiary of two pending H1B petitions filed by different employers. I have been working pursuant to the cap gap OPT extension based on the petition filed by Employer A, which is noted in my SEVIS record. …

... Unfortunately, Employer A is no longer able to offer me the job on which its H1B petition was based. Therefore, my H1B petition will be withdrawn. Will there be a problem for me to continue working based on the H1B petition filed by Employer...

13:53 / FAQs
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28 Jul 2014

Does a denial of an H1B extension petition also invalidate the current petition?

Answer A currently approved H1B petition remains valid, even if an extension request is denied. There can be concerns depending upon the reasons for the denial, and any findings of status violations in the denial. But, otherwise, if it is simply a lack of evidence of...

11:18 / FAQs
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28 Jul 2014

I received an RFE on my pending 485 recently asking to verify employment and redo the medical. Are those common these days and what do they say about the priority dates movement?

Answer These RFEs are VERY common these days. It is important to answer promptly in order to be eligible for approval once the PD is current. These are being issued for cases that are current and close to current, for the most part. They are issued...

11:16 / FAQs
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28 Jul 2014

Can one travel to the U.S. on a B-1/B-2 visa after an I-140 approval in order to go to job interviews?

Answer Theoretically, a person can travel to the U.S. on a B-1/B-2 visa even after an I-140 approval. But, even if one has a B-1/B-2 visa already, it is likely that problems could occur at the POE due to immigrant intent. If one tries to apply...

11:15 / FAQs
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28 Jul 2014

Is it advisable to travel to Mexico and return without a new visa stamping based on automatic revalidation?

Answer Automatic visa revalidation is used all the time to return from Canada / Mexico. If the requirements are met in terms of holding a valid nonimmigrant status and being eligible to reenter in a valid status, it is usually pretty simple. Of course, there are...

11:12 / FAQs
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25 Jul 2014

I am currently pursuing an MBA degree. Previously, I graduated with a master’s degree in information technology. …

... I have a pending H1B petition based on my IT degree for the start date of October 1st. If my petition is approved and my F-1 status changes to H1B on that date, can I still be attending school as I really want to...

07:27 / FAQs
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14 Jul 2014

I upgraded from EB3 to EB2 recently and wish to switch employers. For AC21, is it the I-140 or the I-485 that needs to be pending for 180 days?

Answer It is the I-485 that must be pending for at least 180 days in order to utilize the AC21 green card (GC) portability provisions. Otherwise, it would be necessary to start the GC case all over again, with only the priority date retention available from...

08:02 / FAQs
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14 Jul 2014

Can an H1B approved in this year’s cap be transferred before October 1st to another employer so I can join them directly?

Answer It is potentially possible to get a second H1B approval without joining the first employer that filed under the cap. But, for various procedural reasons, we normally do not file these cases before October 1st. If there is need for a change in employer, it...

08:00 / FAQs
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14 Jul 2014

Do I need labor certification before getting an H1B? Or, is the labor certification needed only to convert the H1B into a green card?

Answer The H1B requires a labor condition application (LCA). This is not the same as a PERM labor certification (LC). The PERM LC is required for the green card. The H1B LCA takes about seven business days for the U.S. Department of Labor (DOL) to process....

07:58 / FAQs
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14 Jul 2014

I have received my H1B extension approval notice with the old I-94 number. Is that ok? It has the correct start and end dates.

Answer Yes, the extensions often do contain the same I-94 number as the earlier approvals. As long as the start and end dates are correct, it is generally fine. (14.Jul.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

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