Answer An L-2 spouse is not subject to the 5-year time limit. But, one cannot be in L-2 status if there is no L-1 principal. So, once the principal worker runs out of L-1 time, the dependent spouse can no longer maintain L-2 status (or use...
Answer Anecdotally, that certainly appears to be the case. But, we still like to use premium processing for many of the H1B petitions we file. Because it is taking so long for the USCIS to adjudicate cases filed for regular processing, that can make responding to...
Answer The answer is maybe. An H1B worker needs the equivalent of a U.S. bachelor's in a related field. It is possible to combine education and experience to equate to the degree OR to just qualify based upon experience. The education would have to be reviewed...
... Even though the message did not contain an explanation for the basis of my visa revocation, I think it was due to the arrest. Does the visa revocation affect my status? Can I apply for OPT when I graduate this semester? Answer There have been reports...
Answer In order to become eligible for another six years of H1B time, a person must spend a year outside of the United States. It is not sufficient to simply spend a year (or more) in the U.S. in another status like F-1. (08.Feb.2016)In frequent sessions...
Answer If a person wishes to enter using an unexpired H1B visa, there must also be a valid H1B petition and a corresponding H1B job. The visa, even though unexpired, is only appropriate if one is properly eligible to enter as an H-1 - which means...
Answer This is a tricky area. H1B workers can only work for the H1B employer. Passive investment is permitted (e.g., buying stock in a company). Other revenue generating activities can be considered unauthorized self-employment. For many such activities, the rules are not entirely clear as to...
Answer This depends upon the employer. The GC case can continue while the individual is outside the U.S. The employer must file the I-140 within 6 months of the PERM approval. Otherwise, the PERM expires. But, the fact that the beneficiary is outside the U.S. would...
Answer You should be able to reenter the U.S. once the USCIS approves your application for OPT. Students and Exchange Visitors Program (SEVP) recommends that you make sure the USCIS has a valid U.S. address for you, to which it can send important correspondence regarding your...
Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...
