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15 Dec 2022

My wife’s H-4 EAD extension is pending. I was just offered a new position, and the company plans on filing an H1B change of employer for me. Will this create problems for my wife’s pending case?

Answer Ordinarily, an H1B petition requesting a change of employer would not impact a spouse's pending H-4 EAD extension.  (15.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2022,...

07:02 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker
15 Dec 2022

I have never gone through the H1B lottery, but I am currently working in H1B status for a cap-exempt employer. A different company will file an H1B registration for me in March. If my case is selected, what would be the earliest date I could move to the new employer?

Answer The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently  for the cap-exempt and cap-subject employers, but a petition...

06:58 / FAQs / For Employers / For Individuals / Worker
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...

06:53 / Employment Based / FAQs / For Individuals / Resident
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...

07:27 / FAQs / For Families / Nonimmigrant Family / Worker
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...

07:25 / FAQs / For Employers / For Individuals / Worker
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...

07:23 / FAQs / For Employers / For Individuals / Worker
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...

10:01 / FAQs / For Employers / For Individuals / Homeland Security / Travel / Worker
01 Dec 2022

Before coming to the U.S. on H1B, I worked as a manager for a related company in India. In the U.S., I only have a couple of reports, so my employer said that it would be tough to get an EB1 case approved for me as a multinational manager. They are willing to try, however. I already have an EB2 case approved with a 2018 priority date. If the EB1 case is denied, would that impact my EB2 approval? Could I still keep the priority date?

Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that...

09:54 / FAQs / For Individuals / Worker
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...

12:57 / FAQs / For Individuals / Worker