Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...
Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child. (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...
Answer You cannot apply for an H-4 EAD based on your own approved I-140. If your spouse has an approved I-140, you can use that to apply for an H-4 EAD. Or, once your priority date is current, if you file your I-485 application, you may...
Answer A person being admitted to the United States in TN status must demonstrate nonimmigrant intent. However, even an approved I-140, by itself, is not sufficient reason to deny a person's TN application or extension request. (08.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)Sheela Murthy...
Answer Once the I-140 is approved, the beneficiary typically gets to keep that priority date, regardless of any action taken by the petitioning employer. Unless the I-140 is revoked by the USCIS due to fraud, willful misrepresentation, or material error by the USCIS, or because of...
Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...
Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
