Recent content by Amber Triplett

Cap Exempt Filing You will be able to work for any employer during the period of time from April to October (as long as that employment is authorized). Employment during this time period does not need to be non profit or cap exempt employment. The H-1B non-profit, cap-exempt filing that...

New Petition Required Since you have utilized the portability provision and transferred to the second employer, you must wait until the H-1B change of employer petition has been approved for company B before you can petition again to work for company A. However, since you are maintaining...

Change of Employer Petition You should be able to file an H-B change of employer petition. If your I-485 has been pending for six months, you can typically change H-1B employers and not lose all the time you have put into your permanent residency petition as well. Amber Triplett...

H-1 Extension Safety Net Most people feel that the best thing to do when filing a green card petition is to maintain the underlying H-1B safety net. In your situation, I can certainly understand the challenges. The main thing to keep in mind when making the decision of whether or not to...

H-1 to H-4 is Relatively Simple The process to apply for a change of status from H-1 to H-4 is a relatively simple process. Since your spouse is on a valid, H-1 status, your H-4 petition will be a derivative status of your spouse. As such, your H-4 petition will rely solely on your spouse's...

IF USCIS approved it, you are okay However, since the H-1B is employment-specific, USCIS requires that you maintain your current H-1B employment in order to change employers. This is called "maintenance of status" and is usually proven by submitting check stubs with the change of employer...

Unfortunately, you must apply for visa extension Unfortunately, since your visa was only granted through the expiration of your passport, you will need to apply for an extension of whatever visa you are currently under. If you are in an H-1B status, you must apply for an extension prior...

I-797 Serves as "I-94" while inside US If you have already been issued an H-1B visa, for instance, and your I-94 expires on a certain date, but you file an extension while inside the US and receive an I-797 with a date that is farther in advance of your I-94, you will use your I-797 as your...

Your Dependents Need H-4 Extensions Your dependents initially entered the U.S. through the consulate in your home country on H-4 visas (most likely). Although you filed an H-1B change of employer petition and received three more years of validity, your dependents are still under their...

Passport Must Have at Least Six (6) Months Validity Any time you apply for an H-1B extension, change of employer, concurrent part-time H-1B in addition to primary visa, etc., your passport must be valid for at least six months in advance of your application date. However, in your...