Answer The H1B petition must be approved for one to be considered to have been counted against the cap. Thus, no other employer can file as cap exempt until the first cap-subject case is approved. (08.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
... USCIS has now issued an RFE, requesting evidence that my degree is directly related to my OPT employment. What can I do to strengthen my response? Answer Because it is not immediately apparent how your degree relates to your OPT employment, for your request for evidence...
Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...
Answer H1B status could be regained by filing an H1B petition via PP. But, it is likely that one would have to file this via consular processing, as it is not particularly likely one would be able to change from H1B to B and back to...
Answer It is generally possible to request retention of a priority date from a previously approved I-140. This request is made when the next I-140 is filed. This can be done even if the I-140 was revoked upon the employer's request. (01.Aug.2016)In frequent sessions of our...
Answer Generally speaking, it is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H-4 is properly filed while still holding F-1, it is possible to stay and wait for the H-4 decision without continuing to comply...
Answer An F-2 dependent may enroll in an academic program on less than a full-time basis. If one would like to enroll on a full-time basis to complete a degree program, s/he should file an I-539 form to change status from F-2 to F-1. One is...
Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...
Answer The answer depends upon how much the job has changed. The PERM sets out a specific job. If the job itself has changed so that it is outside the scope of the PERM LC, then a new PERM would be needed, regardless of the location....
Answer The EAD extension can be filed 120 days in advance of the expiration. It is ok to travel outside the U.S. while the EAD is pending, but it is necessary to consider how one will reenter. The EAD is a work authorization document, not a...
