Answer An H1B petition could be filed by a new employer even after the prior H1B and I-94 have expired. There may be a status issue and such a case would usually only be eligible for approval for consular processing. (18.Aug.2014)In frequent sessions of our Chat,...
Answer H-4 status is not company-specific. So, it is not necessary to file an I-539 for the H-4 every time the H1B primary changes jobs. It is just necessary to make sure that the I-539 is filed before the H-4 status / I-94 expires. (18.Aug.2014)In frequent...
Answer If the I-140 has been approved through the old employer and it hasn't been revoked, the H1B could be extended on that basis with the current employer. Otherwise, if there is no way to remain in the U.S. (no recapture time, no status through a...
... 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 Answer Once your H1B petition is withdrawn, you have 10 additional days of employment authorization and 60 days of grace period.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...
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 If the employer has withdrawn the H1B petition, a new one would need to be filed in order for a prior employee to...
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...
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...
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...
... 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....
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...
