Answer H-4 status and H-4 EADs are generally granted for the same duration of the principal worker's H1B status. (11.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...
Answer Assuming the business is located in a targeted employment area (TEA) - meaning an area with high unemployment or a rural area - then the minimum EB5 investment amount would be $500,000. However, the EB5 applicant must have personally invested $500,000 of his or her...
Answer This situation would have to be looked at in detail to give a specific, reliable answer. But, generally, if the transactions are structured so that B is a successor in interest to A, and then C is a successor to B, it would not be...
Answer It is possible to file a new PERM with a different employer while the BALCA appeal is pending. It is also possible to prepare a PERM case for filing with the same employer while the BALCA appeal is pending. But, the appeal is supposed to...
Answer The civil surgeons who complete the medical exams for I-485s are all in the United States. So, if the RFE is a typical I-485 RFE for an updated medical, it is going to be necessary to get the exam completed in the U.S. (The panel...
Answer If the petitioning employer will not provide you with a copy, you may file a Freedom of Information Act (FOIA) request. If there is no I-485 filed based on that I-140, the USCIS may not provide you with a copy. But, the USCIS usually will...
Answer Typically, what is used in this situation are affidavits from colleagues. We usually use affidavits from two people (former coworkers or supervisors) who can verify the work information and experience. (21.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer The comment period closed about two weeks ago. There were around 30k+ comments, all of which must be reviewed and considered by the government before finalizing. The regulation covered quite a number of issues - not just the I-140 EAD. So, it could easily be...
Answer The H-4 and the H-4 EAD are not specific to the spouse's job. As long as the principal spouse maintains valid H1B status, a change to a new employer typically would have no impact on the H-4 EAD. (14.Mar.2016)In frequent sessions of our Chat, Sheela...
Answer If an approved I-140 is needed to extend one's H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition,...
