Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.That being...
Answer That depends upon whether the second PERM is with the same company or not. If the second PERM is with a different company, there is no problem. Otherwise, companies are not supposed to file two PERMs and have them pending for the same person at...
Answer We typically advise that if a person in H-4 status without an EAD wishes to perform volunteer work, it should only be in a position that would normally be filled by a volunteer. (29.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife's case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other action...
Answer It is possible for an L1B employee to be placed at a third-party work location. However, this needs to be indicated on the L1B petition, and the employer must demonstrate that it will maintain a qualifying employer-employee relationship with this L1B worker. (22.Sep.2022)Sheela Murthy and...
Answer There is a legacy INS opinion letter that indicates it is permissible to return to a previous employer based on the "dormant" petition. However, depending on the circumstances, that is not always the safest / best practice, as it creates a rather confusing history, among...
Answer Unlike the H1B category, where a person typically can begin a new position based on the filing of an H1B amendment, this is not permitted for the L1B category. If an amendment is required, the L1B worker generally must wait for the amendment to be...
Answer Ordinarily, a B-1/B-2 visa will remain valid through the expiration date listed. There is no other set deadline one must meet for the visa to remain valid. (15.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer Even though the employer fired you and withdrew your existing H1B petition, this would not impact your eligibility for the 60-day grace period. Assuming your I-94 is still valid and that you have not otherwise violated your status, you should be able to join the...
Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...
