Highlights from MurthyChat Session: 26.Aug.201326 Aug 2013
In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.
Question: My L-1 onsite assignment is ending. Can my L-2 spouse stay back and continue working? What is the best option? Does I-539 apply?
If the L-1 is no longer going to be in the United States, the L-2 cannot just remain in the country and work on the EAD. If the L-1 is not in L-1 status, there cannot be an L-2 spouse. Spouses cannot be “parked” in the U.S. in a dependent status. The I-539 form is used to request certain changes or extensions of nonimmigrant status.
Question: When OPT expires, can we request a cap-gap type extension from the university until the H1B quota opens in April?
No, the university does not have authority to grant OPT extensions other than the STEM extension and proper cap-gap extensions. There is a 60 day grace period at the end of the OPT. Cap gap relief only applies to the time period between April 1 and October 1—-the “gap” between the point when H1B cases can be filed and the date when the cap-subject employment can start.
Question: Is a Ph.D. degree a mandatory requirement for EB-1(A), extra ordinary alien in science area?
The Ph.D. is not mandatory in EB1 extraordinary ability cases, even in the sciences. The Ph.D. is quite typical in such cases, but there are examples of approvals for some with masters’ degrees or other degrees if there are enough accomplishments and recognition. We review qualifications for EB1/NIW etc. in the context of consultations after reviewing information about individuals’ areas of expertise and their accomplishments in their respective fields.
Question: Can an 18-year-old high school student (dependent) apply for an EAD? He has a pending I-485 along with the principal holder. Is there any restriction?
Yes, the 18-year old can apply for an EAD based on the pending I-485. There is no age restriction attached to the I-485 based EAD. Parents sometimes apply for EADs on this basis, even for younger kids in order to obtain social security numbers when they are young and to allow them to work as teens. Children are supposed to have EADs to do any kind of work – even babysitting, lawn mowing, etc. It also could be helpful in applying for a driver’s license, in some circumstances.
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