15 Dec 2022

My green card was approved recently and I have no plans to leave my position with the sponsoring employer. However, I am interested in earning some additional money by selling goods online. My employer has no objections to this. Would this jeopardize my green card?

Answer Once an employer-sponsored green card is issued, the expectation typically is that the beneficiary will work for the sponsoring employer in the position listed on the I-140. If the person works in that position, while also earning money through a second job, entrepreneurship, etc, this...

08 Dec 2022

I applied for an H-4 EAD a few months ago, and that case is still pending. I understand that I cannot start working until the EAD is approved. But, am I allowed to start applying for jobs now?

Answer Immigration law does not really limit the ability of an H-4 dependent to apply for a job before the EAD is issued. So, submitting a job application typically would not be considered a violation of H-4 status, so long as the H-4 spouse does not...

08 Dec 2022

After my H1B extension was denied, my employer filed a form I-290B motion to reopen. Am I allowed to stay in the U.S. while the I-290B is pending?

Answer A pending motion to reopen, motion to reconsider, or appeal does not normally provide the foreign national with any status protection benefits. If the underlying case is reopened and approved, the gap in status may be cured. If, however, the original decision is upheld, the...

08 Dec 2022

The USCIS issued an RFE on my H1B petition, and my employer just responded to it. The case was filed for premium processing, and I am in a rush to get it approved. How likely is it that the USCIS will issue a second RFE?

Answer We do not have specific statistics on how frequently second RFEs are issued by the USCIS. But, anecdotally, it appears to be very uncommon to see a second RFE issued on an H1B petition.There was a time under the Trump Administration when there was a...

01 Dec 2022

I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...

01 Dec 2022
23 Nov 2022

I got into a dispute with my former H1B employer regarding a nondisclosure agreement, and they are threatening to sue me. Will this impact my H1B status or ability to get a green card in the future?

Answer In general, a civil lawsuit filed against you by a private party would not impact your immigration status or future green card case. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

23 Nov 2022

I was laid off from my H1B position last month and I have since returned to my home country. I just found a new employer willing to file an H1B for me. Once the petition is approved, can I use my existing H1B visa stamp, or do I need to get a new one with the current employer’s name?

Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...