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I have filed for a status change to H-1B. Can I travel outside the US and come back?

A worker if already in the US may just change his visa status from another visa to an H-1B, without obtaining a stamped-visa from the U.S. Consulate abroad. However, if he leaves United States and travels abroad, he would require a visa-stamping before gaining an entry back into the United States. It is NOT advisable …

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U.S. to provide work permits to spouses of H-1B visa holders from May 26

Marching ahead with President Obama’s executive action on immigration reform the Homeland Security Department announced on Tuesday that as of May 26, it will begin granting work permits to the spouses of H-1B visa holders – skilled foreign workers who are seeking permanent resident status in the U.S. Under existing laws, spouses of H-1B visa …

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Change of Status Denied and I-94 expired – What are my options?

Change Of Status and Timely Filing When a person present in the United States in one nonimmigrant (temporary) status wishes to engage in a primary activity permitted only under a different nonimmigrant status, a Change of Status (“COS”) is required to be filed with United States Customs and Immigration Service (“USCIS”). For example, if a …

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H-1B Employer’s compliance with Posting Requirements of an LCA Notice of Filing

LCA Notice of Filing – Key Facts An employer who is in process of employing H-1B workers, upon filing of Labor Condition Application (“LCA”) Form ETA 9035 or 9035E must: Provide notice of filing to the bargaining representative, if a Union exists in the employer’s business. Post the notice of filing in two or more …

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How does an H1B employer Verify FEIN with Department of Labor?

Labor Certification Application (“LCA”) and H-1B Filing On April 15, 2009, the Department of Labor (“DOL”) launched its iCERT Portal, creating a new electronic system for the submission of Labor Condition Applications. The first step for an employer in an H-1B filing is to obtain an LCA certification from DOL. The LCA is completed on electronic Form ETA 9035E through …

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Can H-1B Employee work with more than one Employer at the same time?

H-1B Concurrent Employment Key Facts An H-1B employee can simultaneously work for two different H-1B employers (petitioners). This is also known as “Concurrent Employment”. Each H-1B employer/petitioner must file a separate Labor Condition Application (“LCA”), and subsequently an H-1B petition. Each concurrently filed H-1B petition is individually subject to a quota (unless employers are cap-exempt). …

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Labor Condition Application (LCA) – Key Facts

LCA Key Facts Employer (“Petitioner”) must obtain a certification from Department of Labor (“DOL”) that it has filed a Labor Condition Application (“LCA”) in the occupational specialty. Before an H-l B petition can be filed the employer must obtain certification of an LCA. The employer must have a valid Federal Employment Identification Number (“FEIN”) in …

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Termination of H-1B Employee – Is it bonafide?

What constitutes proper termination of an H-1B employee? Termination and layoff of H-1B employees often put forth questions as to whether the termination was bonafide. H-1B regulations can impose strict penalties on employers for not properly terminating employees, resulting in unnecessary legal battles and costs, and possible future disqualification from the H-1B program for the …

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