Answer No, the I-485 must be based on a valid job offer from the PERM / I-140 sponsor. It cannot be filed based on a new employer's job offer, even for a same / similar job. The same / similar job concept is related to AC21...
Answer Everything should be in order with the H1B before the potential H-4 applies for a visa. If there is a change in location, this must be reflected in the LCA. If there is a change in the end client in consulting, the employer needs to...
... When I checked my case status on line about a month ago, I saw that my OPT was approved and the USCIS sent me my EAD card in the mail. However, I have not received my EAD yet. I called USCIS Customer Service line...
Answer The I-485 is the individual's application, but it must be supported by a valid job offer. Under current law, the job offer in the PERM/I-140 must be valid and ongoing in order to file the I-485. So, unfortunately, the answer to this question is no....
Answer What you suggest is possible, if it can be done within the timeline for the MTR/Appeal. However, unless the H1B was a cap case, this may not be the best option. If it isn't a cap case, then it may be possible to just refile...
Answer Individuals who have timely filed requests to change or extend status generally can remain legally in the U.S. based on the pending COS or EOS. For a tourist EOS, if it is denied after the I-94 has expired, the individual will be out of status...
Answer Yes, if the PERM was filed at least 365 days before the expiration of the six-year H1B point, it is possible to obtain a 7th-year EOS as long as the PERM is "alive" in some stage. That includes situations where a denied PERM is on...
... I applied for change of status to F-1 and it is currently pending. However, my program start date is in 2 days. Can I start attending school and work on campus while my application is still pending? Answer As a nonimmigrant in valid H-4 status, you...
Answer If a foreign national travels while a petition to change status is pending, the change of status request is considered to have been abandoned. For an H1B case, the petition could be approved in this type of situation, but without the COS (reflected in an...
Answer H1B workers on proper medical leave are considered to be in valid status. Thus, it would be possible to obtain a new H1B approval and even an extension of status in the U.S. if there is proof of the leave. However, it is important to...
