Answer Individuals are generally considered to be legally in the U.S. based upon the filing of a timely request to change or extend status--but only for the lesser of the time permitted by or requested in the extension. However, tourist extensions can be risky. Most genuine...
Answer It is possible to travel with an H1B petition pending. However, if this is a change of status request, travel while it is pending will abandon the request to change status (but not the H1B petition itself). If this is an extension of H1B status,...
Answer In order to obtain an extension of status, the legal requirement is that the new petition must be filed while the person is still in valid status. A gap in employment as an H1B is a gap in status; thus, there may be an issue...
Answer AC21 requires an offer of permanent employment in a similar occupation. This includes a guaranteed minimum salary. It is possible to use AC21 to move to a consulting company, but only if the company is making a permanent offer in a similar occupation. The USCIS...
Answer The movement of the priority dates is set by the U.S. Department of State's (DOS) Visa Control Office based on the total available visa numbers and the demand (which is determine by the number of cases the DOS receives that are eligible for final adjudication.)...
Answer If the previous employer is willing to provide a new, currently dated letter with expanded job duties that accurately reflect the work performed in that past position, it should be permissible to submit that new letter as part of a new case. (14.Apr.2014)In frequent sessions...
Answer There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. In that case, the individual typically begins to accrue unlawful presence from the date of the denial. Depending on the reason for the extension denial, it...
Answer If there is eligibility for a STEM extension for another 17 months, that would be a good option. Otherwise, it would be necessary to see what options might be available through one's spouse, if married, or it may be necessary to return to school. And,...
Answer A startup can file green card cases as soon as the company has sufficient income or, in some cases, investments, to establish its ability to pay the offered wage. It is about the company being in a position to offer the job. There is no...
Answer This is a good topic for a consultation with one of the Murthy attorneys. We discuss this with people all the time. It is a matter, primarily, of risks. There are some situations in which a person must keep the H1, if their family members...
