FAQ

Q16 Employer 551

What is an RFE and how should my employer respond?

RFE (Request for Evidence) is USCIS asking for more information:Common reasons: Specialty occupation, degree equivalency...

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Q17 Employer 1,216

Can my employer place me on bench (no project) on H-1B?

Bench time on H-1B is problematic:H-1B requires productive work in specialty occupationExtended bench time may violate H...

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Q18 Employer 1,551

Can I change my job title on H-1B?

Job title changes may require amended petition:Material changes (different duties, location, significant salary change)...

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Q19 Employer 987

What is the H-1B cap-exempt category?

Cap-exempt H-1B doesn't count toward 85,000 cap:For employers that are institutions of higher educationNonprofit researc...

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Q20 Employer 1,812

Can I take unpaid leave on H-1B?

Unpaid leave on H-1B is generally not allowed:H-1B requires full-time employment and payment of prevailing wageExtended...

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Q21 Employer 1,527

What should I do if my employer asks me to work illegally?

If employer asks you to work illegally:Refuse immediately - working illegally can get you deported and bannedDocument ev...

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Q22 Employer 845

Can my employer sponsor my Green Card?

Yes, employer can sponsor Green Card through employment-based categories:EB-1: Extraordinary ability, outstanding profes...

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Q23 Employer 1,399

What is PERM and why do I need it?

PERM (Program Electronic Review Management) is labor certification required for EB-2 and EB-3 Green Cards:Proves no qual...

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Q24 Employer 735

Can I change employers during Green Card process?

Changing employers during Green Card process is complex:Before I-140 approved: Must restart process with new employerAft...

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Q25 Employer 1,151

What happens if my employer withdraws my Green Card petition?

If employer withdraws Green Card petition:Before I-140 approved: Petition is terminated, must restart with new employerA...

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