No, there is no issue with filing several H-1B petitions on
your behalf [as long as they come from genuinely distinct/unrelated
businesses].
No, there is no issue with filing several H-1B petitions on
your behalf [as long as they come from genuinely distinct/unrelated
businesses].
Only the adjudication of H-1B applications is affected by
the USCIS memo. Consulates may in any event ask for extra details to
confirm the legitimacy of an H-1B job.
An immigrant is often given an A Number if their petition
has been approved on their behalf OR if they have been subject to removal
proceedings. If you haven't previously received an I-130 or I-140
approval and that information was revealed in the petition, there won't be an A
number on your H-1B approval notification.
Yes. Other H-1B applications or lottery entries are
not barred because an H-1B case is still on appeal.
Whether you can transfer to a for-profit company depends on
whether the initial H-1B employer qualified as cap-exempt. Not all non-profit
organizations qualify as cap-exempt. If your initial employer was cap-exempt,
you may need to go through the H-1B lottery if the for-profit company wishes to
sponsor you, or you may need to maintain employment with both the non-profit
and for-profit companies simultaneously.
If your H-1B petition was not sent for consular processing,
you will not need to travel outside the US for visa stamping. As for your
dependent who is abroad, if they qualify for H-4 status, they should be able to
apply for a visa stamp at the US consulate in their home country.
To qualify for the master's cap, the degree must be from a
US accredited public or non-profit university. USCIS may consider the
accreditation status of the university at the time your degree was conferred as
well as when the H-1B petition is filed. To avoid potential issues later, your
employer may choose to file the H-1B petition under the regular cap instead of
the master's cap.
If the same employer filed the PERM labor certification that
served as the basis for your approved I-140 petition, then the job duties
should be similar. However, if the approved I-140 comes from a different
employer, there is no need to be concerned about matching the job duties.
No, it is not possible to have both an H-1B visa and an H-4
EAD simultaneously. You can only hold one non-immigrant status at a time, and
having an H-4 EAD requires being in H-4 status, which is incompatible with
being on an H-1B visa.
No, the cap-exempt H-1B petition filed on your behalf will
recapture the remaining time of your original 6-year H-1B period. To
"reset" the clock and have a full 6 years of H-1B time, an employer
would need to file a regular cap-subject petition (entering the lottery again)
after you have been outside of the US for more than one year.
If your OPT does not expire before the H-1B petition is
filed, you should qualify for cap-gap protections. Cap-gap allows you to
continue staying and working in the US until the H-1B petition is processed,
even if your OPT has expired.
Currently, regular processing for H-1B cases can take around
6 months or so for adjudication by USCIS. As long as premium processing is not
suspended, you should have the option to upgrade to premium processing at a
later date for faster processing times.
If your I-94 is valid, you should be able to proceed with
filing an H-1B transfer even if you have a pending amendment. There is generally
no requirement to inform your potential new employer about the pending
amendment. However, it is advisable to consult with an immigration attorney to
ensure that you understand the specific details of your case.
If your H-1B petition was solely a change of status and was
not submitted for consular processing, it is common not to have a visa stamp.
The visa stamp primarily serves as a travel document and is not required for
maintaining H-1B status. Therefore, the delay in obtaining a visa stamp for
travel purposes should not cause any significant concerns.
While it is true that you can commence working with the new
employer once the H-1B transfer is filed, there is a risk that your petition
for a change of employer may be denied by USCIS. In such a case, you would no
longer hold valid H-1B status. It is important to weigh the potential risks and
consult with an immigration attorney to understand the implications specific to
your situation.
While it is highly likely that your current H-1B petition
will be denied due to the cap issue, there may be potential arguments and legal
strategies that can be pursued. It is crucial to seek guidance from an
immigration attorney who can assess the specifics of your case and provide
appropriate advice and representation.
You can continue working until the expiration of your
current H-1B status, even if your extension is denied. The denial does not
invalidate your current H-1B status until its designated end date.
Generally, you can pursue full-time education while in H-1B
status as long as you continue to maintain employment as specified in the
approved H-1B petition. It is important to comply with the terms and conditions
of your H-1B status and consult with an immigration attorney to ensure you are
in compliance with the regulations.
If premium processing is available, you can upgrade your
H-1B petition to premium processing at any time after it has been filed. It is
worth noting that our firm has observed a higher incidence of RFEs with
petitions filed under premium processing due to the time constraints imposed on
USCIS in making a decision.
Once you change to H-4 status, you will no longer be able to
use your H-1B visa stamp for travel purposes, except for short trips to Canada
or Mexico (30 days or less). To properly re-enter the US in H-4 status, you
will need to obtain an H-4 visa stamp.