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...
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 Yes, two H1B petitions could be approved for the same person through different employers. Both petitions would be valid and the person could just decide where s/he wanted to work. (22.Sep.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer There is no concern connected to the timing of the change in relation to the I-140 approval. There are general risk factors to consider - like, what would happen if the employer revoked the I-140 and the new employment doesn't work out. But, otherwise, there...
Answer Yes, you can transfer mid term, given that certain conditions are met. Students in F-1 status, who would like to transfer to another school mid-term, must continue attending classes until their SEVIS release date. You need to coordinate with your DSO so that you are...
Answer A person could have two jobs on the EAD without both of them being similar to the GC job. It is always necessary to have a proper job offer supporting the GC case - either the job in the GC or an AC21 qualified same...
Answer It depends on your definition of "forever." But, absent a change in the law or the application of the law (e.g., not using a visa number for each family member), EB3 will not change in terms of the glacially slow movement. (15.Sep.2014)In frequent sessions of...
Answer That is quite unlikely, as October is the start of a new fiscal year. While the visa numbers are supposed to be allocated over the course of the year, there is a new "supply" each fiscal year. In September, it is the very end of...
Answer People often choose to stay in the U.S. based on the AOS only. People with properly filed AOS cases are in a period of authorized stay and are allowed to be in the U.S., unless the AOS is denied. While keeping the H1B is safer,...
... I have a bachelor’s degree in chemistry. Can I volunteer at the chemistry lab at the school where my husband is a student? Would that be considered unauthorized employment? Answer The law regarding what constitutes unauthorized employment is not very clear. Generally, if the position would...
