25 Sep 2024

I wish to sponsor myself under the EB1(a) category. Do I still have to pay the asylum program fee, since there is no employer sponsoring me?

Answer Yes, the asylum program fee is still required, even if there is no employer. If you are self-petitioning, the fee is reduced to $300, which is the same fee that small employers pay. (25.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

19 Sep 2024

Overview of I-140 Downgrade from EB2 to EB3 Preference Category

Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...

18 Sep 2024

I applied for my 24-month STEM OPT extension and it currently is pending. My first-year OPT EAD expired two weeks ago. I just received news that I must travel back to my home country for a couple of weeks to attend to a sick relative. Will I be able to return to resume my STEM OPT?

Answer Your EAD and F-1 status are automatically extended for 180 days while your STEM OPT is pending. If you travel during this time, you should be able to come back with an expired EAD and the STEM OPT receipt notice. You should also be able...

18 Sep 2024

I was recently laid off from my H1B position, but my employer will continue to pay me for the next couple of months. During this time, if I move to a new employer, is it okay if I receive paychecks from both my former employer and my new employer for a period of time?

Answer Yes. Generally speaking, paychecks that overlap for a period of time under these circumstances would be fine, from an immigration perspective. (18.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...