Answer Generally speaking, one is permitted to travel while the I-485 is pending, assuming that one has a valid advance parole document. One would need to return before the expiration of the AP. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer In general, one in this situation should be able to transfer to a different employer, assuming the current I-94 has not expired. The receipt notice for the amendment should not be relevant in this situation. That being said, this is a complicated question; it typically...
Answer There is no requirement that one apply for a visa "stamp" at any time - it is purely a travel document. The fact that one waits an extended period to apply should normally be irrelevant. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer One is legally permitted to work for a new employer upon the filing of an H1B petition requesting a change of employer. The risk is that a denial of the new H1B petition would leave one without any valid status. (14.Nov.2016)In frequent sessions of our...
Answer Unfortunately, this is a difficult scenario. The GC spouse needs to file an I-130 in the FB2A category, but this can have a priority date wait of several years. The foreign national can potentially come on a nonimmigrant visa of his/her own, such as an...
Answer This is a problem that has been arising frequently in recent months. There have been many recent denials on this ground, so there is a high risk of rejection. But, depending on the circumstances, there may be arguments that can be made. You should consult...
Answer In general, the I-140 would not be affected by the filing of a family-based petition. It is generally fine to have multiple GC cases filed/pending at the same time. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...
Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in...
Answer The 24-month STEM OPT rule that went into effect on May 10, 2016, contains several reporting requirements for both the employer and the student employee. With regard to the self-evaluation requirement, the student must complete self-evaluation reports using the attachments to Form I-983 signed by...
Answer Generally speaking, an H1B extension or change of employer denial would have no impact on the validity of an existing H1B petition. So, ordinarily, a person in this situation may continue to work pursuant to the existing H1B petition until it expires. (31.Oct.2016)In frequent sessions...
