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Attorney_22

Understanding the Visa Bulletin

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This week, Murthy Law Firm attorneys will answer questions regarding eligibility to file under the monthly visa bulletin.  

Rules for Topic of the Week Threads:

  1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
  2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
  3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
  4. Please do not provide information which would identify any specific company, university or individual.
     

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Hi,

I am currently on cap-exempt H1B. My employer has filed for PERM green card which is expected to get approved in 4-6 months. Could I change to a cap-subject employer after 180 days once my i-140 is approved?

Thank you.

Pramod. 

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On 10/8/2018 at 5:22 PM, chembrammel said:

Hi,

I am currently on cap-exempt H1B. My employer has filed for PERM green card which is expected to get approved in 4-6 months. Could I change to a cap-subject employer after 180 days once my i-140 is approved?

Thank you.

Pramod. 

If you have not been counted against the H1B cap you will been to file in the lottery. However, concurrent employment may be an option. Call our office to discuss this in detail. 

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Hi,

My husband was working on H1B visa and he applied for H1B extension in June, 2018 as it was going to expire in July,2018 in premium Processing.. but it got an RFE and our lawyer answer it in August,2018. On September 4, his H1B got rejected and he had to go to India as he was out of status. 

Our employer has applied for H1B again with the document that was cause of rejection and the application went in on September 13,2018 and in a regular process as premium Processing was removed.

I am also working on H1B in USA. We are planning to apply for H4 visa for my husband. My question is: as per my employer, if we apply for H4, the pending H1B will be automatically revoked. Is it true? 

What are the chances that his pending H1B will be approved as it has been already a month that we re-filed. 

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