Answer The H1B petition withdrawal is the employer's responsibility. The petition belongs to the employer - the H1B worker can't withdraw it. There would not be any immigration issues created in this situation, as long as these were genuine job offers, separate from each other, and...
Answer Yes, the H-4 is spouse-specific, not specific to your spouse's job. So, as long as the H1B is maintained, the other spouse is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (03.Aug.2015)In frequent sessions of our Chat, Sheela Murthy...
Answer Anyone who obtains a U.S. master's degree (or higher) from an accredited, not-for-profit college or university can file in the master's cap. It is the degree that matters, not the status held when obtaining the degree. H-4s are eligible to attend school, so that is...
Answer No, if a foreign national is trying to change from L-1 to H1B, s/he needs to be counted against the cap. The only exceptions are for cap-exempt employers. There are no other special exemptions, even after the I-140 approval. (27.Jul.2015)In frequent sessions of our Chat,...
Answer Yes, this potentially is possible. But, this should be discussed with an attorney during a consultation. There are some strategies that we use in these cases, as this situation arises every year. (27.Jul.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer The consulates generally have expected properly amended petitions - reflecting the current state of affairs with the updated position, location, and client - prior to the visa "stamping." It is always best to go to the consulate with everything in good, proper order. (27.Jul.2015)In frequent...
Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. But, the issue is how the individual is going to be able to return. If the applicant is relying on the AP document,...
Answer The experience letters have to be submitted at the I-140 stage. However, it is important to know what experience a person has and can verify. Thus, one is often requested as part of the PERM LC preparation process to try to avoid unpleasant surprises at...
Answer Yes, one could return in H1G status once the I-140 is approved, even if s/he is outside the U.S. This assumes that the priority date is not current. The AC21 H1B petition extension can be obtained even from outside the U.S. (20.Jul.2015)In frequent sessions of...
Answer Yes, it would be possible to file a change or extension of status to H-4 even if an H1B amendment is pending. (20.Jul.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
