Answer If applying under EB1(a), Extraordinary Ability or EB1(b), Outstanding Professor / Researcher, the standards are high and it is going to be necessary to have extensive, documented achievements in the field. A person who just received a PhD would be unlikely to meet these standards...
Answer The H1B petition is not impacted by the H-4 visa (i.e. 'stamp'), and a person may have both an H1B and an H-4 visa in his/her passport. However, one can only hold a single status at a time. If the employment with the H1B employer...
... and issued a request for evidence, to which I replied. The USCIS still did not issue a decision and it is currently pending. Because of the extensive delay, even if I received my OPT authorization now, I would not be able to use it...
Answer Changing status from H-4 to F-1 from within the U.S. requires the filing of an I-539 application. The individual files this form, not the school, but it must be supported by proper documentation, including the I-20 from the school. (09.Feb.2015)In frequent sessions of our Chat,...
Answer If a person qualifies for EB1(b), he could move forward with that case, even though he already has an approved I-140 in the EB2 category. It is possible to qualify for more than one type of GC case, and it isn't necessarily inconsistent at all...
AnswerYes, the time beyond the six years based on the pending PERM is given to any H1B filing - not just those filed by the employer who filed the PERM. But, there are some risks here to consider that would best be discussed in a...
Answer There is a short deadline to file a motion to reopen or motion to reconsider. Make sure not to miss that deadline, even if other efforts are made to solve the problem. If this case was filed using premium processing, it is possible to reach...
Answer You may be eligible for curricular practical training (CPT) authorization to work as an intern. You should consult with your DSO about the specific requirements you must meet to qualify for CPT. Generally, the proposed employment should be an integral part of your program of...
Answer Yes, an H-4 may study FT and later file for a COS to F-1. This should not create COS issues; H-4s can go to school FT and it will be clear from the school attendance that the F-1 applicant is a genuine student. It sometimes...
Answer The processing times are on the DOL website iCert portal. If there is no audit, it is taking around 6 or 7 months. If there is an audit, it takes much longer - more than a year. The lawyer can check the status of the...
