Answer It is generally possible to request retention of a priority date from a previously approved I-140. This request is made when the next I-140 is filed. This can be done even if the I-140 was revoked upon the employer's request. (01.Aug.2016)In frequent sessions of our...
Answer Generally speaking, it is permissible to stay in the U.S. based upon a timely filed request to change status. Thus, if the H-4 is properly filed while still holding F-1, it is possible to stay and wait for the H-4 decision without continuing to comply...
Answer An F-2 dependent may enroll in an academic program on less than a full-time basis. If one would like to enroll on a full-time basis to complete a degree program, s/he should file an I-539 form to change status from F-2 to F-1. One is...
Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...
Answer The answer depends upon how much the job has changed. The PERM sets out a specific job. If the job itself has changed so that it is outside the scope of the PERM LC, then a new PERM would be needed, regardless of the location....
Answer The EAD extension can be filed 120 days in advance of the expiration. It is ok to travel outside the U.S. while the EAD is pending, but it is necessary to consider how one will reenter. The EAD is a work authorization document, not a...
Answer It is possible to travel while the H1B is pending. However, the request to change status will be abandoned. This means that, in order to actually change to H1B, it would typically be necessary to travel again and request the H1B visa 'stamp' at the...
Answer Since you are on cap-gap, the SEVIS is still active. Thus, there would not be a new SEVIS number with the new school. Rather, the school would transfer the SEVIS record if accepted. This would not impact the H1B, as it is simply a continuation...
Answer A naturalization applicant can engage in routine travel. The applicant must meet the physical presence and residency requirements at the time of filing, as well as the continuity requirements; and, the applicant must continue to meet these requirements until s/he is granted U.S. citizenship. So,...
Answer Immigration law does not prevent people from making changes due to contracts, etc. The USCIS does not get involved with these matters. Immigration laws prohibit employers from penalizing H1B workers for making job changes. Check with an employment lawyer about the enforceability of the agreement....
