Answer Yes, multiple H1B filings for the same person can increase the chance of lottery selection. But, they need to be genuine jobs, filed through different employers. We have information about this - and the problem areas that cause both cases to be denied or revoked...
... before my next school year. Because I will not receive any wages, do I still need to obtain employment authorization? Answer Yes, you will need authorization from your DSO for curricular practical training (CPT) or from the USCIS for optional practical training (OPT). Even though your...
Answer A PERM labor certification expires after 6 months if the I-140 is not filed. It is possible to extend the H1B with employer B based upon a qualifying GC case with employer A. But, the GC case must be "alive." If the PERM is still...
Answer It is possible to file to extend the H1B petition while outside of the U.S. It is also possible to leave while the H1B EOS is pending. The real issue is what will be needed in order to return to the U.S. If the current...
AnswerA change of employer on H1B would not disrupt the H-4's EAD, assuming everything was properly filed. The H-4 and the EAD are spouse-specific, not employer-specific. As long as the principal spouse maintains valid H1B status, the EAD should remain fine. On the other hand,...
Answer I-140s do not get transferred from employer to employer. If the case has not reached the I-485 stage, the PERM based I-140 is employer-specific and job specific. The new employer has to start over, although the PD could be retained. (02.Mar.2015)In frequent sessions of our...
Answer The employer can withdraw the I-140 at any time (causing it to be automatically revoked). If the I-140 has been approved and the I-485 has been pending for at least 180 days, then AC21 potentially applies and the I-485 application should be able to continue...
Answer Unless you are planning to return to the U.S. in H1B or L-1 status while your I-485 is pending, you MUST wait for the advance parole to be APPROVED prior to departure. If you leave while the AP is pending, the USCIS can deem your...
Answer The processing times can vary depending on the current caseload of the USCIS. Information on current average wait times is available at USCIS.gov. Currently, it appears that many regular process I-140s are taking between 6-8 months. (23.Feb.2015)In frequent sessions of our Chat, Sheela Murthy and...
Answer Ideally, an employer should file a labor certification on your behalf at least 365 days prior to the expiration of your 6 full years of H1B status in the U.S. (including all recapture time). (23.Feb.2015)In frequent sessions of our Chat, Sheela Murthy and other senior...
