Answer: The consequences occur if the employer DOES NOT notify the U.S. of the termination of employment or, in this case, the employee's rejection of the employment offer. The employer must effectuate a bona fide termination, so it must be clear that the individual is NOT...
Answer: This is potentially dangerous territory. The H-4 does not have to leave the U.S. each time the H-1 travels abroad for routine personal and business reasons. However, in order for the H-4 to be in status, the H-1 must also be in status, complying with...
... My I-20 form was valid for four years, which is the standard length of my academic program. In my second year of study, I decided to change my major to social work. My academic adviser told me that I would need to take several...
Answer: This depends upon the wording of the labor certification, as green cards are based upon future job offers to take effect upon approval of the GC. So, the expectation is that the individual will work in that job for a reasonable time after approval. Some...
Answer: H1Bs are not transferred from company to company. The answer to this question depends upon whether there is time left in the six years of H1 status allowed. It is not clear whether all or most of the 11 years in the US were in...
Answer: A person in H-1 status could convert to J-1 for a medical residency. The issue with the change to J-1 is that it does not have premium processing as an option. So, timing is an issue. If the program starts before the J-1 can be...
Answer: Yes, the H-1 primary could file to change companies even while the H-4's COS to H-1 is pending. It may get a little confusing, as the H-4's COS would normally reference the H-1s current I-94 information. So, the USCIS may send an RFE if they...
Answer: Normally, an EB1 denial would not impact an approved EB2 application, even assuming the EB2 was filed by the same company as the EB1. The only issue would be if there was a status problem created due to reliance on an EB1 petition filed with...
... I successfully completed my study and was authorized for Optional Practical Training (OPT) upon graduation. While I was working on OPT as a computer analyst, my employer filed an H1B petition on my behalf. Unfortunately, my employer’s petition was rejected in the lottery as...
Answer: As a general matter, children age out at age 21 and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes treated as...
