Answer Yes, the priority date can be retained from an approved I-140 without having the actual approval notice. The USCIS has the information needed within its own records, since they are the ones that approved the first I-140. It is best if there is a receipt...
Answer No, that is not true! There was a time, many years ago, when AP was limited to emergency situations. You had to show life-and-death urgency. This eased over time and, now, it is routinely granted for I-485 applicants if they just ask. There are other...
Answer An adult U.S. citizen can file a GC case for a parent. However, even in this category, in order to adjust status, a person has to show that s/he entered legally. This category is very forgiving of overstays and various other immigration violations, but the...
Answer In order to qualify for the advanced-degree, or "master's" cap the degree must be from an accredited, nonprofit university. There is no specific requirement regarding online courses. The U.S. Department of Education has information on schools and accreditation. (28.Apr.2014)In frequent sessions of our Chat, Sheela...
Answer The H1B visa in the passport is not employer-specific. Even though it has the employer's name on it, it can be used for any H1B travel during its validity. So, it is okay to travel with the unexpired visa from company A and the H1B...
Answer Individuals are generally considered to be legally in the U.S. based upon the filing of a timely request to change or extend status--but only for the lesser of the time permitted by or requested in the extension. However, tourist extensions can be risky. Most genuine...
Answer It is possible to travel with an H1B petition pending. However, if this is a change of status request, travel while it is pending will abandon the request to change status (but not the H1B petition itself). If this is an extension of H1B status,...
Answer In order to obtain an extension of status, the legal requirement is that the new petition must be filed while the person is still in valid status. A gap in employment as an H1B is a gap in status; thus, there may be an issue...
Answer AC21 requires an offer of permanent employment in a similar occupation. This includes a guaranteed minimum salary. It is possible to use AC21 to move to a consulting company, but only if the company is making a permanent offer in a similar occupation. The USCIS...
Answer The movement of the priority dates is set by the U.S. Department of State's (DOS) Visa Control Office based on the total available visa numbers and the demand (which is determine by the number of cases the DOS receives that are eligible for final adjudication.)...
