Answer Leaving the United States before approval of the advance parole normally would result in "abandonment" of the I-485 application (unless one is in H or L status). (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer As long as the I-539 was filed before the I-94 expired, this typically would allow the applicant to remain in the U.S. in a 'period of authorized stay' until the application is approved or denied. (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Generally, the PERM and I-140 are tied to a particular job. If that job is no longer available, then a new PERM and I-140 would usually be required. (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
... but I have two more offers from other companies that want me to work part time on projects for them (no more than 10-15 hours per week). Can I accept their offers while continuing my current full-time employment? Answer Under the current STEM OPT rules, while...
Answer Normally, once an individual has filed the I-485 application, s/he must obtain an approved advance parole document in order to be able to travel without abandoning the application. The only general exception is if the individual leaves and returns in one of the limited visas...
Answer If the H1B is the same position with the same employer as that described in the PERM, then the duties and requirements should remain consistent. However, if the H1B and PERM are for different positions (or with different employers) then the job duties do not...
Answer The USCIS normally delivers by secure mail. If the postal service cannot verify that your mailbox belongs to you, then they may not deliver it. You should first confirm that the USCIS has your correct address. If you've moved to a new address since filing...
Answer H-4 and H1B are two different visa statuses. One can only hold one status at a time. A person in H1B status may not work using an H-4 EAD and vice versa. (12.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
... Prior to the expiration of my EAD, I applied for the 24-month OPT STEM extension, which has just been denied. My attorney says that the decision was incorrect and that we should file a motion to reopen / reconsider the denial. To be sure...
Answer One's H1B clock is "reset" only if one is outside the US for 365 days AND is the beneficiary of a cap-subject H1B petition (i.e. Filing through the H1B lottery, again.). A petition to recapture unused H1B time does not reset the clock. (05.Dec.2016)In frequent...
