Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...
Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...
Answer Yes, an employer could file a GC case for an L-2 employee working on EAD. However, the L-1 and L-2 categories do not have the same extension provisions as the H1B category. So, the GC filing would not make the L-2 eligible for more time;...
Answer We always support positive immigration reform, including the opportunity for I-140 beneficiaries (and spouses!) to apply for EADs. There appears to be some action on this matter, but it is very difficult to judge if or when it may occur and, if so, what the...
Answer Whether you are eligible for unemployment benefits is a matter of state law. But, if one is eligible, taking such benefits does not create immigration public charge issues. Unemployment is insurance; it is not a "means tested public benefit." (23.Nov.2015)In frequent sessions of our...
Answer In this situation, it is potentially possible for the 3-year masters to be evaluated as equal to a U.S. masters. If so, EB2 would be an option, assuming the job has EB2 level requirements. The difficult issue is the experience with the same employer. Generally,...
Answer If the priority date (PD) is not current for the I-140, then it is possible to extend for another 3 years with any employer. If the PD is current, then the extension would typically be limited to 1-year increments. (16.Nov.2015)In frequent sessions of our Chat,...
Answer Generally speaking, a job change on H1B is possible when the H-4 COS is pending. The H-4 is spouse specific, not specific to the H1B worker's job. However, if s/he is also applying for an EAD, your spouse may encounter problems in the job change...
Answer People are allowed to travel on H1B, H-4, L-1, or L-2 (as well as advance parole) without disrupting the pending I-485. If any other status is held, travel should wait for the AP. (16.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer Yes, the PERM can be filed while one is abroad. The same rule for extending beyond the six-year limit based upon the PERM filing 365-day rule applies. So, this strategy can work. (09.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
