12 Nov 2020

I am in India and my H1B petition was approved, but I have not yet been able to get my visa stamp. Can I start working for the U.S. employer while I am still in India?

Answer Even without an H1B approval, if a person is not physically in the United States, U.S. immigration law would not normally prevent that person from performing work for  a U.S. company.  (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

12 Nov 2020

Is premium processing now available for H-4 and H-4 EADs? If not, do we know when it will be made available?

Answer No, this service is not yet available. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. The same holds true for the other categories that should eventually be granted premium processing, including...

05 Nov 2020

My PERM and I-140 were filed many years ago for a Software Engineer position. I have recently been promoted to a managerial position, and am about to file my I-485. Can I list the new position on the Supplement J?

Answer When filing an I-485, the Supplement J is generally included to show that the original job offer still remains. After the I-485 has been pending for 180 days, it typically is possible to port to a different position (whether it is with the initial employer...

05 Nov 2020

I am filing I-485 applications for my family, including my 10-year-old. If we also apply for EADs, is she eligible for one, or is there a minimum age requirement?

Answer There is no minimum age requirement to apply for an EAD based on a pending I-485. Even if the applicant is not eligible to work based on state and/or federal labor laws, this would not prevent the applicant from being issued an EAD. (05.Nov.2020)Sheela Murthy...