AnswerNo, that is not accurate. The employer can revoke the I-140 at any point prior to GC approval. It is just that once the I-485 has been filed and pending for 180 days, the I-140 revocation does not mean the I-485 will automatically be denied....
Answer It is possible to use coworker affidavits as evidence of past employment experience. Obviously, it is easier with direct employer proof, and anything other than that may result in an RFE. This issue should be reviewed carefully by the attorney to evaluate options. (02.Feb.2015)Questions frequently...
... My DSO said that I could start attending school, and I started taking classes at the beginning of the term. However, my I-539 application is still pending, two months after the start of my program. Is there any issue that my I-20 submitted to...
AnswerH1B status is lost when the job ends. While paychecks are often used as proof of employment, an H1B is not in status just because she is getting a (delayed) final paycheck, severance pay, vacation / PTO payout, etc, after the actual end of her...
Answer If a person qualified under EB1, the fact that they had an approved EB2 I-140 would not prevent the EB1 filing. The EB2 I-140 does not necessarily even contradict the EB1 filing for an outstanding professor / researcher. It could be the exact same position,...
AnswerEmployers are not supposed to file two PERM cases for the same employee at the same time. Filing at the same time means both will be pending with the DOL at the same time. So, simply choosing a different title/category isn't going to help. It...
Answer No, there is not a notification that goes from the USCIS to one's employer when a new company files an H1B case. The H1Bs aren't "transferred," so the approval of the new employer's case doesn't disrupt the current employer's case. There is no communication from...
... The H1B petition was approved, but I continued working on OPT and did not leave the U.S. to apply for the visa. A few months ago, I applied for a STEM extension and the USCIS issued an RFE, saying that my SEVIS record was...
Answer Yes, if there is a change of employer prior to the I-485 filing, it is necessary to start the GC case over again with the new employer. The only thing that is kept from the previous GC case is the priority date, which can be...
Answer Yes, the EAD provides unrestricted employment authorization. So, an L-2 spouse with an EAD can accept any type of job and/or start a business in the U.S. (19.Jan.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
