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 In order to be eligible for a family-based green card, the family relationship generally must still exist. Thus, once a divorce is finalized, the case typically cannot continue. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer While a visitor is not legally prohibited from coming to the U.S. while an I-130 is pending, the immigration officers at the port of entry could have concerns and deny admission. It would be a good idea to set up a consultation on this topic....
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,...
Answer Yes, generally speaking, an H-4 EAD can be requested while an H1B amendment is in process. (07.Mar.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 here.Access more...
