Answer If one is eligible for NIW, it can be a good option, as it is not employer / job specific. The NIW is based on the intention to keep working in the field of expertise. (06.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer There is not a minimum number of days that one must be on L1A before the company can file the EB1(c) case. The only durational issue is that the sponsoring U.S. company must have been in business for at least one year prior to filing....
Answer If the client letter says the project will last six months, it is unlikely that the case will be approved for three years. The USCIS often sends RFEs on such issues, asking for proof of specialty occupation work for the requested duration. (23.May.2016)In frequent sessions...
Answer A person with a pending I-485 is considered to be legally in the United States in a period of authorized stay. Assuming the I-485 has been pending for at least 180 days, it can be supported by a new job offer that meets the AC21...
Answer Actually, no. As long as the I-140 is still valid, there is no legal limit to the number of extensions. There may be some point at which the USCIS will question the situation, but we have not seen that happen. (16.May.2016)In frequent sessions of our...
Answer The EB1(a) extraordinary ability category is self-sponsored and, thus, does not need a specific job offer. So, no employment verification letter is required. (16.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer An employer could start the GC process for a person in F-1/OPT, but there is not enough time to complete the process with only 7 months of OPT left. The PERM LC could get filed in that time, but not approved. Once your OPT is...
Answer The I-140 is signed by the employer. It is the employer's filing. Therefore, the employer can still revoke the I-140 no matter which attorney files it. The only exception is for self-petitioned categories, including EB1(a) and EB2 national interest waiver (NIW) cases. (09.May.2016)In frequent sessions...
Answer There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...
Answer No. Unless one qualifies under AC21 (i.e. the I-485 has been pending for 180 days and the move is to a same / similar position as the one in the underlying I-140), the I-140 generally can only be used to apply for a green card...
