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...
Answer As part of filing for a green card based on a marriage to a U.S. citizen, one must demonstrate the validity of your marriage (i.e. your joint life together). If the couple is living apart, they will need to provide documentation evidencing the cause for...
Answer The proposed I-140 EAD rule (which is just one provision in a much larger set of rules) is currently with the Office of Management and Budget. We are expecting it to eventually be published, but there is no anticipated timeline. Be aware, however, that if...
Answer As long as the foreign national continues to work in accordance with the terms of the approved H1B petition, it generally is permissible to also enroll in school as a full-time student. (31.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer Unfortunately, this provision applies only to H1B status, not to L-1. L1A status cannot be extended beyond 7 years. (24.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,...
