Answer The new H1B registration rule does not add any new restrictions on related entities filing registrations for the same individual, but there are still rules in place prohibiting the filing of multiple H1B petitions by related entities without a legitimate business need. (01.Feb.2024)Sheela Murthy and...
Answer If you are able to return in valid H-4 status, and the H-4 EAD is still valid, it should be possible to resume working on that EAD. (01.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer No, the USCIS should not send any type of notification to the current employer regarding a change of employer filed on your behalf. H1Bs are not actually “transferred,” so the approval of the new employer’s case doesn’t disrupt the current employer’s petition. There generally is...
Answer Yes, this should be fine. Since a master's degree is a more advanced level of education than a bachelor's degree, that master's degree in computer science can be used to qualify for an H1B position requiring only a bachelor's degree. (24.Jan.2024)Sheela Murthy and other senior...
Answer Your friend is correct! Generally speaking, once a person has been counted against the H1B cap, that person remains eligible for up to 6 years of H1B time. The fact that another employer submitted a registration for you last year does not change the fact...
Answer No, this is perfectly normal. An individual typically is limited to up to 6 years of H1B time. Generally, however, an H1B petition will not be approved for more than 3 years. (24.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)Sheela Murthy...
Answer Once the I-140 is approved, the beneficiary typically gets to keep that priority date, regardless of any action taken by the petitioning employer. Unless the I-140 is revoked by the USCIS due to fraud, willful misrepresentation, or material error by the USCIS, or because of...
Answer If you are not physically in the United States, you are not in H1B status. Therefore, whether you are working for your H1B employer and/or any other employer, it would not be a violation of your H1B status. In general, U.S. immigration law does not...
Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...
