Answer In order to move from L-1 to H1B status, one normally would have to be counted against the H1B cap. Having an approved I-140 does not automatically make a person exempt from the general cap requirements. (20.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that...
Answer Generally speaking, once the principal spouse is no longer in valid L1A status, the dependent spouse is no longer considered to be in valid L2S status. Therefore, it normally would not be permissible to work in this situation. (13.Apr.2022)Sheela Murthy and other senior attorneys provide...
Answer The fact that both the H-4 extension and the H1B change of status are pending at the same time is not really an issue. But, given the lengthy processing times for H-4 extensions, it is entirely possible that the H-4 application will still be pending...
Answer Unfortunately, no, this is not permissible. The grace period is available for a maximum of 60 consecutive days. If Employer B's petition had been approved and you then resigned or were terminated, you likely would have been eligible for a new 60-day grace period based...
Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...
Answer It is possible, but we likely will not know whether a second lottery is necessary until July 2022, at the earliest. (06.Apr.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...
Answer Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend...
Answer The fact that an employer withdraws the H1B petition would not normally impact eligibility for the 60-day grace period. So, assuming you otherwise meet the grace period requirements (e.g., you have not violated your status), you should be able to remain in the U.S. in...
Answer Assuming you will be coming back to work for the same employer in the same position, it generally would be fine to use the existing petition and visa. There is nothing special that you need to do. As a precaution, however, it may be a...
Answer Yes, concurrent employment is permitted. Prior to joining the second employer, that employer should file an H1B petition for you, requesting concurrent employment on the I-129. (30.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
