Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...
Answer GCs are always for future employment. So, yes, if the PD is current, the I-485 could be filed based on a future employment letter. However, it is best to get some advice as to the likelihood of success in such cases - and the steps...
Answer If a person is not the primary, it does not matter. If one is the primary beneficiary, s/he COULD work part time, but (assuming this is an employment-based case) the GC job offer must be for a full-time position. Therefore, it could be that the...
Answer If the RFE is the standard I-485 RFE, asking for an employment verification letter, the current, AC21-based employer can provide the letter. This assumes that the current employment meets the AC21 requirements. It does not matter that the work started without an AC21 filing. AC21...
Answer Premium processing is not available for an H-4 application. Likewise, premium processing is not an option for an EAD application. It may be possible to submit an H1B petition for premium processing and file an H-4 COS/EOS (along with the EAD application) with the H1B....
Answer A person with an H-4 EAD can work in virtually any field. This is unrestricted work authorization. It can be full time or part time; the person can be self-employed, work as a W-2 employee, or work as a 1099 independent contractor. As long as...
Answer The answer to this depends upon the requirements for admission to the 2-year bachelor's program. If it required 2-3 years post the 10+2, then it might equate to a 4-year degree. That is what matters - the 2-year degree, essentially, must be equivalent to years...
Answer The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21...
Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
