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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...

13:22 / FAQs
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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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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...

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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...

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