Answer You can, but your EAD will likely only be granted to the current (un-extended) expiration date of the L-1. (29.Aug.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,...
Answer AC21 "portability" is a benefit granted to the I-485 applicant. If you take advantage of portability and move to a new employer, that employer has no responsibility with regard to your application. Any assistance offered by them is basically a courtesy to you. (29.Aug.2016)In frequent...
Answer You can certainly apply for reinstatement. However, to be eligible for it, you should be either enrolled in classes on a full-time basis or show that you intend to enroll at the beginning of the next available term. For all practical purposes, therefore, you may...
Answer To be fair, the USCIS permits the use of the DF chart for family-based cases from time to time. But, when it comes to the employment-based categories, your frustration is justified! The problem seems to be an intergovernmental conflict, with the DF chart intended for...
Answer No, the H-4 EAD is not tied to the H1B spouse's employer. As long as the principal spouse is still in valid H1B status, the H-4 and EAD generally remain valid through their respective expiration dates. (22.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and...
Answer Unfortunately, in order to overcome RFEs asking for additional client documents in consulting H1B cases, it is necessary to have documentation related to the client listed in the initial filing. The USCIS must find that the case was proper when filed and continues to be...
Answer It depends. The change in employment 3 months after getting an EB green card as the primary beneficiary may raise questions about whether the job offer was genuine and the intent actually was to work for the sponsor, etc. But, depending upon circumstances, there may...
Answer If an H1B is denied, the challenge of the decision - usually a motion to reopen / reconsider - does not keep the foreign national legally in the U.S. The MTR or appeal only helps if it is granted and the case is approved. (15.Aug.2016)In...
Answer It is possible to file a COS to F-2 while an H1B COE is pending. But, if the pending H1B COE petition is serving as a 'bridge' for your status, then it typically would need to be approved before the F-2 COS application can be...
Answer If the H-4 visa stamp is valid and unexpired, it could be used to reenter the U.S., as long as one is still married to the primary beneficiary in H1B status. The POE officers need proof of H-4 eligibility, such as a copy of the...
