Is a part time employer obligated to file a petition for concurrent employment?
Yes, as a part-time employer, you would be required to file an H-1B for concurrent employment.
Does Restrictive Covenant in Offer Letter Affect H-1B Transfer Petition?
What you have is a restrictive covenant against competing with your current employer. However, such restrictions are private agreements and have no bearing on the H-1B transfer itself. In this case, your current employer would have to sue you to enforce the clause. This will have no bearing on the petition filed to transfer your [...]
How Soon Should I file an AC21 letter?
There is no timeframe. However, it is best to file the AC21 letter at the earliest to avoid having to file a Motion in the event the I-485 is denied because the sponsoring employer notified the USCIS as such. There could also be other complications and ramifications and these are best addressed through a personal [...]
Should the Beneficiary of an H-1B travel abroad (home country) prior to filing an extension?
There is no such requirement. Your employer may file to seek an extension of your H-1B without your ever having left the U.S.
How many H-1B petitions can be filed with the U.S. while an extension is pending/denied?
There is no limit on the number of petitions that can be filed with the USCIS for the same individual by different employers. However, if the underlying extension was denied, the new petitions may not be approved for extension of status. You would have to leave the country and appear at a consulate for H-1B [...]
Will I have a problem with an AC21 employer where I work only 7.5 hrs a day?
Not necessarily. Check with the employer to ensure that the position is full time and permanent. More importantly, it must be within the same occupational classification.
Would I be able to change status to H-1B if I accompany my wife in H-4 status? What is the process?
You could certainly seek change of status through an H-1B petitioner upon entry into the U.S. The key is to file a petition for the change with the USCIS before the H-1B CAP is reached. Check CAP related information at www.kidambi.com. The H-1B petition must be filed by an employer in the U.S. So, your [...]
How do I update the PIMS database with a duplicate I-129 and supporting documents?
The Consulate will contact the Service Center and PIMS to obtain the information. You cannot send documents directly to the KCC (Kentucky Consular Center) for the PIMS database. This could cause delays at the Consulate when seeking a visa. Please be prepared to spend some time obtaining a visa before you decide to travel abroad.
Can I file my EAD extension 80 days prior to expiration?
You are not allowed to work unless you have a valid EAD. However, 80 days appear to be within the time frame by when you are most likely to obtain an approval of the extension. If the approval does not come through, you may have to stop working for a few days.
I have been offered IT consulting position with a financial firm. The firm uses only approved vendors (head hunting agencies) to recruit consultants. Who must sponsor my Visa, the vendor or the financial firm?
It is best if you could get the Financial Firm to sponsor your H-1B petition since they are the true employer and have control over your employment.