AnswerA change of employer on H1B would not disrupt the H-4's EAD, assuming everything was properly filed. The H-4 and the EAD are spouse-specific, not employer-specific. As long as the principal spouse maintains valid H1B status, the EAD should remain fine. On the other hand,...
Answer I-140s do not get transferred from employer to employer. If the case has not reached the I-485 stage, the PERM based I-140 is employer-specific and job specific. The new employer has to start over, although the PD could be retained. (02.Mar.2015)In frequent sessions of our...
Answer The employer can withdraw the I-140 at any time (causing it to be automatically revoked). If the I-140 has been approved and the I-485 has been pending for at least 180 days, then AC21 potentially applies and the I-485 application should be able to continue...
Answer Unless you are planning to return to the U.S. in H1B or L-1 status while your I-485 is pending, you MUST wait for the advance parole to be APPROVED prior to departure. If you leave while the AP is pending, the USCIS can deem your...
Answer The processing times can vary depending on the current caseload of the USCIS. Information on current average wait times is available at USCIS.gov. Currently, it appears that many regular process I-140s are taking between 6-8 months. (23.Feb.2015)In frequent sessions of our Chat, Sheela Murthy and...
Answer Ideally, an employer should file a labor certification on your behalf at least 365 days prior to the expiration of your 6 full years of H1B status in the U.S. (including all recapture time). (23.Feb.2015)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer If your wife has already applied (even if not yet approved) for F-2 by the time your employer makes the H1B cap case filing, you can include your wife's application to change status from F-2 to H-4 with the H1B petition. However, the requested start...
... If the petition is accepted for processing, I will continue to work on OPT in F-1 status due to the cap gap. My wife, who is also a student in F-1 status, will graduate this May. After graduation, she wants to change her status...
Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but, keep in mind that many PERM cases are audited. In fact, the DOL audits approximately 30-40% of all PERM cases. So, if everything else...
Answer The H-4 EAD provisions are expected fairly soon. The COS would likely take several months, unless paired with an H1B filing for premium processing. It is also possible to avoid that wait by applying for an H-4 visa at a U.S. consulate abroad without filing...
