Answer Generally, when an H1B change-of-employer (commonly referred to as a "transfer") is properly filed, the individual generally can work based on the receipt for as long as the petition is pending. (10.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer Depending on the circumstances, there can be different risks in moving from EB2 to EB3. A common one, however, is that USCIS might discover a problem in the EB2 petition that previously was not identified. (10.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Unlike the H1B visa category, U.S. immigration law does not provide a way to extend L1B visa status beyond the 5-year limit based on having an approved I-140. (10.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer Normally, when the USCIS issues an RFE on an I-140 asking about "ability to pay," the agency wants to see evidence that the Petitioner has had the cash / resources to pay the I-140 offered wage from the date the labor certification was filed. (10.Dec.2018)In...
Answer The 240-day rule relates ONLY to employment authorization. One with a timely-filed extension can remain in the U.S. until a decision is made on the petition.Note also that this rule ONLY applies to extensions with the same employer, not to amendments or change-of-employer petitions. (03.Dec.2018)In...
Answer The H1B and the PERM/I-140 do not necessarily need to have the same job requirements. The I-140 is (technically) always for "future" employment (i.e. the job that one will perform upon receiving the green card). It does not need to be the same job. (03.Dec.2018)In...
Answer Yes, one generally can have multiple H1B petitions pending simultaneously with no issues. (03.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright ©...
Answer In general, if one's I-94 has not expired, one could file another H1B petition, assuming that one is still employed pursuant to the approved H1B. If the individual is not, then a consultation with a qualified attorney is advisable. (03.Dec.2018)In frequent sessions of our Chat,...
Answer Yes, one could file an I-130 petition for a sibling under these circumstances. However, due to backlogs in this category, it will likely take 20+ years to get a green card as the sibling of a U.S. citizen. (26.Nov.2018)In frequent sessions of our Chat, Sheela...
Answer The USCIS has no involvement is setting wages. H1B petitioners are required to pay the prevailing wage for a position, which can be ascertained using a variety of different wage surveys. Most employers utilize the U.S. Department of Labor wage data, which is available at...
