Answer Yes, if the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate...
Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...
Answer If you have an emergency need to travel, you can try to obtain a temporary I-551 stamp in your passport at the local USCIS office. It typically is okay to travel while waiting for one's naturalization oath ceremony, but you need to inform the USCIS...
Answer Currently, the new memo only affects USCIS adjudications of H1B petitions. However, the consulates are always free to request additional documentation that they feel is necessary to verify that the H1B petition job is still valid. (26.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...
Answer An Alien Number, or "A" Number, is an identifying number that is normally assigned to an individual after an immigrant petition (e.g., I-140, I-130) is approved for that person, or if the individual has been in removal proceedings. Generally the A number would not appear...
... We have appealed that denial, and the appeal is still pending. In the meantime, can I reapply in this year's H1B lottery? Answer A pending appeal on an H1B case would not typically prevent a person from reapplying under the current year's H1B lottery. (26.Feb.2018)In frequent...
... Next month, I will be turning 21 and will no longer be eligible for H-4. What should I do? Answer You must apply for change of status to another nonimmigrant status for which you may be eligible, by your 21st birthday, in order to comply with...
Answer In order to travel in F-1 status during the cap-gap period, your H1B petition has to be approved before your departure. In addition, you should return before October 1st, when your H1B employment is scheduled to begin.If you leave the U.S. while your H1B petition...
Answer In general, yes, the H-4 EAD is unrestricted, meaning that it is not tied to a particular employer. It can be used for multiple employers, or even for self-employment. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
