FAQ: When is H-1B amendment required?
FAQ: Getting EB-1C based green card by moving out for one year
Dear Mr. Rajiv:
I have below 2 questions. Kindly clarify and help.
1) Does H1B- H4 Amendment needed to relocate resident between neighboring state with in 30- 50 miles.
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I work in-house project for my employer in Pennsylvania and resident in same state for 10 years. I am on H1B visa and my dependents (Wife and Daughter) are in H4 visa.
My daughter will go for college in another 3 years. My GC in EB2 priority date is MAR 2011. Since i don't have GC, Pennsylvania state wilL NOT consider my daughter school tuition fee RATE as an IN-STATE student. And college will consider only as an international student fee rate.
Meanwhile my neighboring state NewJersy state Governor Murphy recently signs "Tuition Equality Legislation for children of H-1B visa holder" passed a new law that allows H1-B residents who live 3 years in NewJersy and go to high school for 3 years will be considered as IN-State tuition rate student.
With this situation, i am thinking to re-locate to NewJersy as a resident. My current office location is less than 30 miles to New Jersey. In this case, do my employer needs to do H-1B and H4 Amendments to relocate to NewJersy, or can we relocate to NewJersy as resident with in 30 - 50 miles from my Pennsylvania office location, that does NOT need H1-B and H4- Amendments, and still i commute to Pennsylvania office.?
2) Moving from USA to Canada and Come back to USA in EB-1.
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I am currently in H1-B and my dependents are in H4 (Current H1B and H4 extension valid until Aug 2022) with GC filed in EB2, priority date Mar 2011.
Now I am planning to move from USA to Canada and come back to USA after working as Manager with sister company and filing in EB1 via L1-A. In this situation, can i just move alone to Canada and keep my dependents in USA, because not to disturb my daughter High school and after i came back to USA, can we file all my dependents in EB-1 or do we need to move as a whole family now to Canada in order to file all in EB-1?
I appreciate your help and Thanks in advance.