Answer The I-140 is signed by the employer. It is the employer's filing. Therefore, the employer can still revoke the I-140 no matter which attorney files it. The only exception is for self-petitioned categories, including EB1(a) and EB2 national interest waiver (NIW) cases. (09.May.2016)In frequent sessions...
Answer There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...
Answer No. Unless one qualifies under AC21 (i.e. the I-485 has been pending for 180 days and the move is to a same / similar position as the one in the underlying I-140), the I-140 generally can only be used to apply for a green card...
Answer Under the May 10, 2016 STEM OPT rule, students in designated STEM fields are eligible for the 24-month extension of their first 12 months of post-completion OPT. During the 24-month extension period, the student must report to their DSO every 6 months verifying their employment...
Answer The PD retention rules do not require any similarity between the jobs in the I-140s. So, a job change, even to an entirely different field, would not impact the ability to retain the PD. (02.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The answer to this depends upon the position held abroad. EB1(c) requires that the individual held a managerial or executive position with the related company abroad for at least one year. So, if that is not the case, EB1(c) would not be an option. (02.May.2016)In...
AnswerThis is not a yes or no question. We would argue that a person in this situation was counted against the cap, and therefore remains cap exempt. There are a number of technicalities here that the USCIS is raising more frequently than was the case...
Answer It is not necessary to request consular processing for an H-4 COS. The H-4 visa "stamping" does not require an I-539 approval. The H-4 stamp can be requested with proof of the marriage and spouse's valid H1B status. (02.May.2016)In frequent sessions of our Chat, Sheela...
… I heard that, under the 24-month STEM OPT rule, I can extend my OPT based on a previously attained STEM degree. What are the eligibility criteria for such an extension? Answer Under the 24-month STEM OPT extension rule, a student is eligible for two lifetime STEM...
Answer There is no requirement that a person in H-4 status move to H1B before being sponsored for a green card. In fact, it is possible for a person to work based on an H-4 EAD throughout the entire green card process, assuming the individual otherwise...
