Answer Generally speaking, it is still possible to move to a new H1B employer while an H1B amendment is pending. But, if the amendment with the current employer is needed to stay in status, and that case is denied, the USCIS may approve the new petition...
Answer This situation would have to be looked at in detail to give a specific, reliable answer. But, generally, if the transactions are structured so that B is a successor in interest to A, and then C is a successor to B, it would not be...
Answer To renew a visa, it is necessary to apply at a U.S. consulate abroad. If you meant to ask about extending B-1/B-2 status, that is done by filing an I-539 form. However, it is not always the best idea to apply for an extension of...
... Before I came to the U.S., I applied to and was admitted to several universities, including School B. I decided to transfer to School B shortly after I arrived in the U.S., since I already had admission there. I talked to the DSO at...
Answer It is possible to file a new PERM with a different employer while the BALCA appeal is pending. It is also possible to prepare a PERM case for filing with the same employer while the BALCA appeal is pending. But, the appeal is supposed to...
Answer In order to be eligible for a family-based green card, the family relationship generally must still exist. Thus, once a divorce is finalized, the case typically cannot continue. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer While a visitor is not legally prohibited from coming to the U.S. while an I-130 is pending, the immigration officers at the port of entry could have concerns and deny admission. It would be a good idea to set up a consultation on this topic....
Answer It is impossible to predict the number of cases that will be filed for this year's cap. But, based on what we are seeing with our clients, the numbers may be somewhat higher than last year. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and...
Answer While, in the past, the USCIS has not been clear specifically about whether self-employment is one of the permitted types of employment during the STEM OPT extension, under the new rule that goes into effect on May 10, 2016, self-employment during STEM OPT will not...
Answer An employer has an obligation to complete form I-9 for all new hires to verify that the employee is authorized to work in the United States. The EAD would provide that documentation, but one would not have to provide the H-4 I-94. Of course, by...
