Answer The individual does not have the ability to "keep" or "cancel" an H1B petition. H1B status is only held in the U.S., and the H1B petition is the employer's petition. The time spent out of the U.S. doesn't count toward the 6-year limit. So, the...
Answer Yes, we have requested cross chargeability in such situations when filing the I-485. The I-485 for husband / wife have to be filed together in these cases, with a request for cross chargeability. This can cut years of waiting time for Indian nationals. (06.Oct.2014)In frequent...
Answer The USCIS is required to process EAD applications within 90 days. At this time, the USCIS is somewhat delayed with EADs, so it is taking the full 90 days (or a bit more). But, EAD/AP requests should generally be processed without delay, even if the...
... Unfortunately, I filed by STEM OPT application after the expiration of my EAD and USCIS denied it as untimely filed. Is this decision correct? What can I do to get back in status? Answer Because a STEM extension application has to be filed and received by...
Answer EAD is not a status, it is work authorization granted based upon the I-485 filing. The derivative beneficiary (dependent) can work on EAD. However, what is important here before such a change, is to assess the risks - particularly since the GC sponsor is not...
Answer It might set off alarm bells if the initial H1B was at level 1 and the person never moved up. It is normal for people to make changes over time in their roles and change to a higher wage level (based on more experience). (29.Sep.2014)In...
Answer Not all I-140s can be premium processed. But, we do see sort of general, boilerplate RFEs in some PP cases. It is not so much a matter of higher scrutiny - it is just that the USCIS has time limits to hit, or else they...
Answer There are two ways to get into H1B status at this point. It is necessary to travel abroad and obtain an H1B visa at the consulate (and then get the I-94 at the port of entry;) OR to have the H1B petition refiled with a...
... I am also taking two courses and would like to accept an on-campus part-time position as a research assistant for one of the classes I am taking. Am I allowed to take the on-campus job when I am also employed off-campus in CPT? Answer The regulations...
Answer It is ok to respond to an H1B RFE by asking to withdraw the case. Whether the individual beneficiary is "safe" in this situation depends upon that person's current status and whether the individual started to work based upon the pending case. (22.Sep.2014)In frequent sessions...
