Immigrantly

Immigration thoughts from an Immigration Lawyer.


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H1B or L1 is not always a must for Green Card application under EB-2 or EB-3

Some people say that if you want to apply for a green card under the EB-2 or EB-3 category, you need to have an H1B visa. This is not true for everyone. Even though H1B is preferable, it is not a prerequisite. Here is why…

Green card applications under EB-2 or EB-3 can mean many years of waiting for many people. The challenge is to keep a valid non-immigrant visa while you are waiting for your green card. The reason why H1B is popular is because it allows “dual intent.” This means you can have the intent to immigrate even though H1B is a non-immigrant visa. Practically, what this means is that you can apply for green card at any time, and can keep using your H1B visa to travel abroad until the very moment you become a permanent resident. Even if your green card application is denied, as long as you have a valid H1B, you can try again. This is the same case for people holding an L1 visa (intracompany transferee). Continue reading


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Pros and Cons of Employment Authorization for H4

On February 24, 2015, USCIS announced that it will grant employment authorization (EAD) to certain H4 holders, whose number is estimated to be as high as 179,600 people in the first year. USCIS will start accepting applications starting May 26, 2015. On February 26, USCIS hosted a teleconference, clarifying some of the rules and procedures of EAD application. Continue reading


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3 things to be aware of when changing status from L1 to H1B

If you currently hold an L1 visa and want to change your status to H1B visa, or if you are an employer who is planning to hire an L1 visa holder, these are the things you need to be aware of:

1. An L1 visa holder can change his/her status to H1B, but will still be subject to H1B CAP.

“Change of status” only means that the applicant does not need to travel to his/her home country to get a new H1B visa stamp. He/she can change status from L1 to H1B within the United States. But this is a different issue from H1B CAP. If the applicant never had an H1B before, he/she will still be subject to the CAP. So, what usually happens is that one currently works on L1B, on April 1, he/she files an H1B petition. If the petition is approved, the applicant will work on L1B until September 30, and switch to the H1B sponsor company on October 1. If the petition is denied or the applicant was not selected for the lottery, the L1 visa is still valid, provided that the applicant still works for the same employer. Therefore, he/she can try again next year for H1B or seek for alternatives to H1B. Continue reading


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How fast can I complete an H1B transfer (change of employer)?

The common term “H1B transfer” refers to the change of employer (COE). When you are unhappy with your current employer, and have finally found a new employer, you would probably want to start working with the new employer as soon as possible. But how soon can it be? These are the steps and timelines for an H1B COE procedure. Continue reading


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Can I have two full-time jobs under concurrent H1B?

Answer: Technically YES

What is “Concurrent H1B”?

A “concurrent H1B” means you hold multiple H1Bs and work for multiple employers at the same time. Yes, you can do that! Each employer must file a separate H1B petition for you, and meets all H1B requirements, including paying you the prevailing wage. Continue reading