H-4 and EAD
My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD.
My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD.
Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?
Yes, as long as the I-140 is not revoked.
What is ability to pay wages and how do employers prove to the USCIS that they have the ability?
At the I-140 stage, USCIS requires documentation that the employer can afford the employee's proffered wage and will be able to continue doing so in the foreseeable future. In this regard, employers must prove that: (1) the employer’s taxable income is equal to or greater than the proffered wage; or (2) the employer's net current assets are equal to or greater than the proffered wage; or (3) credible verifiable evidence that the employer is not only employing the beneficiary but also has paid, or is currently paying, the proffered wage.
How soon after the case is filed can we expect a decision?
The time frames can vary, so it is hard to predict how long it will be before the cases are adjudicated. At the present time, USCIS is estimating five months to process these cases.
How long after I send in my information will the case be filed?
If everything is in order when we receive the case; i.e., job description/salary can be approved and all supporting data is in order, the case can usually be submitted to USCIS by two weeks from when the case is opened in our office.
In posted notices, can the salary be indicated as a range rather than the exact salary?
You may indicate a range provided that the low end of the salary range is no lower than the prevailing wage and the top of the range is at or above the employee’s actual salary.
The beneficiary is working at an end-client location and we are not permitted to post the LCA Notices there. What options do we have?
You may provide electronic notification to employees employed with the same job title as the beneficiary (including both employees of the H‑1B employer and employees of another person or entity that owns or operates the place of employment) for which H‑1B nonimmigrants are sought, at each place of employment where any H‑1B nonimmigrant will be employed.
Is an online Master's course acceptable for EB-2 filings?
USCIS has verified that an online Master's course can be acceptable for EB-2 Green Card filings, provided that it is from an accredited U.S. university.
Click here for Rajiv Khanna's blog entry on this topic.
When a second I-140 is filed, is Premium Processing available?
When a subsequent I-140 is filed by a successor-in-interest, USCIS can accept the Premium Processing request only if it has access to the original ETA 9089 PERM Approval. If the USCIS cannot get access to the original, the Premium Processing will be rejected.
To upgrade an I-140 filing that is in regular processing, the applicant must submit the I-907, the appropriate filing fee, and a copy of the I-140 Receipt Notice to the USCIS Service Center that has the I-140 petition pending. If there is an attorney representative on the I-140, a G-28 must also be submitted.
My H-1B petition was filed with premium processing. We received a Request for Evidence (RFE), but it has now been four months, and the case is still not approved. How do I get a refund of the premium processing fee?
Premium processing does not guarantee an approval within 15 days. This 15-day period may include either an approval, a denial, or a request for evidence. Therefore, the case will not be eligible for a refund of the premium processing fee.
Can dependents of an R-1 beneficiary work while in the U.S.?
An R-1 worker’s spouse and unmarried children under the age of 21 may be eligible for R-2 classification, but the dependents of an R-1 worker may not accept employment while in the United States in R-2 status.
Will I be able to file my R-1 petition using premium processing?
Premium Processing will be permitted only for those petitioners who have previously completed a successful on-site inspection at the location where the beneficiary will be employed.
If I do not file my petition using premium processing, how long will it be before I receive a decision from USCIS?
For an H-1B petition filed not using premium processing, it can take from two to six months before a decision is received from USCIS.
I will be completing my Bachelor's Degree in August 2013. Am I eligible to apply to submit my petition on April 1, 2013, for the 2014 H-1B quota?
All requirements towards the Bachelor’s Degree must have been met at the time of submitting the H-1B petition to USCIS.