Answer There is not a minimum number of days that one must be on L1A before the company can file the EB1(c) case. The only durational issue is that the sponsoring U.S. company must have been in business for at least one year prior to filing....
Answer Let's take this opportunity to remind everyone that H-4s are not automatically extended with the H1B filing! Also, if the error was discovered before you accumulated 180 days of unlawful presence, it typically would be very bad advice to simply file an NPT, wait, and...
Answer Yes, a dependent spouse may apply for an H-4 visa stamp while the principal spouse is in the U.S. This, of course, is assuming the principal spouse is in valid H1B status. There is no need for the principal spouse to have an unexpired H1B...
Answer If the client letter says the project will last six months, it is unlikely that the case will be approved for three years. The USCIS often sends RFEs on such issues, asking for proof of specialty occupation work for the requested duration. (23.May.2016)In frequent sessions...
... However, I previously obtained a degree in a STEM field in the U.S. while I was in H-4 status. Can I apply for a 24-month STEM OPT extension based on that degree? Answer Yes, you may use your previous STEM degree as a basis for your...
Answer A person with a pending I-485 is considered to be legally in the United States in a period of authorized stay. Assuming the I-485 has been pending for at least 180 days, it can be supported by a new job offer that meets the AC21...
Answer Actually, no. As long as the I-140 is still valid, there is no legal limit to the number of extensions. There may be some point at which the USCIS will question the situation, but we have not seen that happen. (16.May.2016)In frequent sessions of our...
Answer The EB1(a) extraordinary ability category is self-sponsored and, thus, does not need a specific job offer. So, no employment verification letter is required. (16.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer Teachers are often sponsored in J-1 and H1B status. It is necessary to check into all the educational / licensing requirements in the particular state. If you are eligible for the H-4 EAD, that would provide a very good option for pursuing any job. (16.May.2016)In...
Answer No. Volunteering during the STEM OPT extension is not allowed. Your employer should be paying you wages comparable to the wages received by other workers who are similarly situated. (13.May.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...
