AttorneyIt is generally best, if at all possible, to maintain H1B status until the GC is approved. The primary reason for this is that if the I-485 is denied for some reason, at least one still would be in valid H1B status. Otherwise, the denied...
Answer People are legally in the U.S. based upon a timely filed, non-frivolous request to change or extend status. So, a person typically still would be legally in the U.S. in this situation. But, s/he would not have authorization to work. Before passing the 240-day limit,...
... to my home country urgently for a couple of weeks. Will I be able to come back to start attending the new school? Are there any timing issues of the transfer process? Answer If you travel before your SEVIS record is transferred to the new school,...
Answer The options here depend upon the situation. If the I-94 has not expired, we typically would recommend refiling the H1B petition as both an amendment and extension request. However, if the I-94 has expired and there is a client change while an extension is pending,...
Answer The 240-day work authorization runs from the date the old H1B expired. Up until the expiration date, the person is working based upon that approval. After that, the individual can work for up to 240 days based upon the EOS with the same employer. (15.Feb.2016)In...
Answer An L-2 spouse is not subject to the 5-year time limit. But, one cannot be in L-2 status if there is no L-1 principal. So, once the principal worker runs out of L-1 time, the dependent spouse can no longer maintain L-2 status (or use...
Answer Anecdotally, that certainly appears to be the case. But, we still like to use premium processing for many of the H1B petitions we file. Because it is taking so long for the USCIS to adjudicate cases filed for regular processing, that can make responding to...
Answer The answer is maybe. An H1B worker needs the equivalent of a U.S. bachelor's in a related field. It is possible to combine education and experience to equate to the degree OR to just qualify based upon experience. The education would have to be reviewed...
... Even though the message did not contain an explanation for the basis of my visa revocation, I think it was due to the arrest. Does the visa revocation affect my status? Can I apply for OPT when I graduate this semester? Answer There have been reports...
Answer In order to become eligible for another six years of H1B time, a person must spend a year outside of the United States. It is not sufficient to simply spend a year (or more) in the U.S. in another status like F-1. (08.Feb.2016)In frequent sessions...
