Answer The processing times are on the DOL website iCert portal. If there is no audit, it is taking around 6 or 7 months. If there is an audit, it takes much longer - more than a year. The lawyer can check the status of the...
AnswerNo, that is not accurate. The employer can revoke the I-140 at any point prior to GC approval. It is just that once the I-485 has been filed and pending for 180 days, the I-140 revocation does not mean the I-485 will automatically be denied....
Answer It is possible to use coworker affidavits as evidence of past employment experience. Obviously, it is easier with direct employer proof, and anything other than that may result in an RFE. This issue should be reviewed carefully by the attorney to evaluate options. (02.Feb.2015)Questions frequently...
Employers of H1B workers must comply with strict requirements enforced by the U.S. Department of Labor (DOL). One such requirement is the obligation to pay wages until there has been a bona fide termination of H1B employment. The applicable standard rules were established in a...
... My DSO said that I could start attending school, and I started taking classes at the beginning of the term. However, my I-539 application is still pending, two months after the start of my program. Is there any issue that my I-20 submitted to...
In February 2015, the U.S. Supreme Court will hear arguments in Kerry v. Din, an immigration-related case that deals with the doctrine of consular nonreviewability. This doctrine generally insulates embassies and consulates from having visa denials overturned by federal courts. This particular court promises to...
Eddie Huang is what many would describe as a Renaissance Man. Although he's only 32, Huang has worked as a lawyer, TV host, restaurateur, stand-up comedian, and author. Soon there will be another impressive addition to his resume, when Fresh Off the Boat, an ABC...
Since June 2013, same-sex couples have been eligible for the same type of U.S. immigration benefits as opposite-sex couples. This policy shift, however, has given rise to safety concerns for beneficiaries in certain types of cases involving same-sex couples; more specifically, the U.S. Department of...
AnswerH1B status is lost when the job ends. While paychecks are often used as proof of employment, an H1B is not in status just because she is getting a (delayed) final paycheck, severance pay, vacation / PTO payout, etc, after the actual end of her...
Answer If a person qualified under EB1, the fact that they had an approved EB2 I-140 would not prevent the EB1 filing. The EB2 I-140 does not necessarily even contradict the EB1 filing for an outstanding professor / researcher. It could be the exact same position,...
