Answer No, it is not necessary to leave the U.S. and get "stamped" simply because one is changing from H1B cap-exempt to H1B cap-subject. As long as valid status has been maintained and the cap-subject H1B has an I-94, there should not be a need to...
Answer It would be best to have a consultation to go over the details; but it potentially would be possible to change jobs. If there is proof of the PERM filing, the new employer could request the rest of the six years of H1B time, plus...
Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (30.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer No. In order to sponsor a GC for one's parents, it is necessary to be a U.S. citizen. So, that means another five-year wait for most people after becoming LPRs. (23.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer If a person has the I-140 approval notice, it will reference the section of the law under which it was filed. EB2 ends in "2" and EB3 ends in "3." Otherwise, it would be necessary to know the job requirements on the PERM, as it...
Answer The time to petition for a parent is all paperwork processing time. It can take about a year, depending upon varying processing times. The case must get through three layers of the U.S. government when processing from abroad: the USCIS, the National Visa Center, and...
Answer The sponsor must provide an affidavit of support. It is necessary to demonstrate sufficient income (or assets) to meet the public charge provisions. Otherwise, it is necessary to have a joint sponsor, etc. But, as long as this baseline requirement is met, there is no...
... My OPT EAD will expire next week. I understand that I may be eligible to continue working pursuant to the cap-gap extension. Do I need to obtain a new I-20 for cap-gap OPT employment? Answer Yes. In order to continue working, you need to apply for...
Answer If one's GC status is abandoned, that does not stop her/him from regaining that status through a new GC case. However, if one has already gotten GC status through a family petition, the new case would start all over with a new priority date. (16.Jun.2014)In...
Answer If the I-140 has been revoked upon request of the employer, it is not available for purposes of requesting H1B time beyond the six-year limit. The I-140 must still be "in place" in order to get that benefit. (16.Jun.2014)In frequent sessions of our Chat, Sheela...
