Answer The H1B approval for consular processing doesn't void the B-1 visa. So, the B-1 could be used for valid B-1 travel even after the H1B approval. However, in the event that the CBP officer knows about the H1B, s/he may have serious concerns about whether...
AnswerThe new employer needs to get its own prevailing wage determination. While it should come out the same if the job is identical and it is in the same location (during the same timeframe), a new one is needed for the specific job. (08.Sep.2014)In frequent...
Answer It is possible to extend H1B status with a new employer and have the EAD. They are not mutually exclusive. AC21 doesn't mean using the EAD; a person could use AC21 for the green card, but work on H1B. The PERM refiling isn't needed if...
... The petition was approved with the change of status from F-1 to H1B and USCIS issued the approval notice with an I-94 form for H1B status to start of October 1st. However, after the approval, I fell ill and stopped attending classes without informing...
Answer The EAD allows immediate, unrestricted employment authorization. But, if the question is asking about changing the job that is the basis for the green card case, that is AC21 portability - requiring a change to a job that is in the same/similar classification. AC21 portability...
Answer Yes, it is possible to have two full-time concurrent H1Bs, if a person can manage to hold down two full-time jobs. Naturally, each employer must file an H1B petition. (25.Aug.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer A person in H-4 status is NOT allowed to work. Without work authorization, one cannot open, run, or manage a company. One can passively invest money in any company or investment of his/her choice, but a non-work authorized person cannot run a company. (25.Aug.2014)In frequent...
Answer This should be discussed in a consultation with an attorney, as the clear answer is maybe. It is often possible to avoid needing a cap number when there has been a prior H1B approval, even if the person never worked for that employer. But, there...
... I would like to take some time off and travel around the U.S. for a month. Is there any problem with this? Answer During the cap gap OPT extension, you continue to be subject to the maximum unemployment limit of 90 days. Since you already have...
Answer The L-2 status will be lost once the H1B is effective on October 1st. In order to change status, a person must be in status at the time of filing. Thus, the request to change status must be filed (received by the USCIS) before October...
