Answer The PD retention rules do not require any similarity between the jobs in the I-140s. So, a job change, even to an entirely different field, would not impact the ability to retain the PD. (02.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The answer to this depends upon the position held abroad. EB1(c) requires that the individual held a managerial or executive position with the related company abroad for at least one year. So, if that is not the case, EB1(c) would not be an option. (02.May.2016)In...
Answer Although there is no specific minimum time period in the regulations that one must work for the sponsor after the green card is approved, a good rule of thumb is to work for the sponsor for at least 6 months after the GC is approved...
Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one's qualifications and the benefit prospectively to the United States that is likely to come from...
Answer Sometimes, the connection is obvious, such as when an RFE is issued, and it is of the type that is issued only for cases that are close to current. But, if there is any uncertainty about this, it is possible just to call the USCIS...
Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...
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...
