Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)Sheela Murthy...
Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one's spouse for purposes of applying for an H-4...
Answer No, this typically is not a problem from the USCIS perspective. Over the years, the USCIS has enacted various measures to make it easier for H1B workers to move from employer to employer, when desired. And, USCIS officers are not generally interested in punishing employees...
Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...
Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to "extend" H1B status beyond the standard 6-year max. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance...
Answer Typically, moving to a higher or lower wage level with a new employer would not create any issues with the USCIS. (08.May.2024)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 This was not an error, and there is no need for you to file an extension. Normally, as long as the H-4 dependent has a valid visa "stamp" at the time of admission, the dependent may be admitted through the validity period of the principal...
Answer If you have a facially valid H1B visa, there typically would be no need to go to the consulate. You can request readmission based on the existing visa and the approved petition from the new employer. (01.May.2024)Sheela Murthy and other senior attorneys provide guidance that...
Answer One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.2024)Sheela Murthy...
Answer Assuming that both petitions are approved with start dates of October 1st, you technically could wait until that date to join either Employer A or B. (24.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
