Answer Ordinarily, if you are travelling on H1B (i.e., will be returning with a valid H1B petition and H1B visa "stamp,") this will not impact the pending I-485 or the pending EAD application. However, the AP application will normally be denied if you travel before it...
Answer It is possible that the USCIS has lost your case, but the fact that you have not yet been rescheduled for biometrics is not necessarily a cause for alarm. The USCIS has indicated that it is still in the process of rescheduling more than 60,000...
Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...
Answer Even without an H1B approval, if a person is not physically in the United States, U.S. immigration law would not normally prevent that person from performing work for a U.S. company. (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Answer Yes, ordinarily, having an H-4 EAD would not prevent a person from being able to also apply for an EAD based on a pending I-485. (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer No, this service is not yet available. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. The same holds true for the other categories that should eventually be granted premium processing, including...
Answer When filing an I-485, the Supplement J is generally included to show that the original job offer still remains. After the I-485 has been pending for 180 days, it typically is possible to port to a different position (whether it is with the initial employer...
Answer No, the EAD will almost certainly be issued first. I-485 applications can easily take a year or more to process; and, if your final action date is not current, the wait time might be years.Once you get your green card, you no longer need an...
Answer There is no minimum age requirement to apply for an EAD based on a pending I-485. Even if the applicant is not eligible to work based on state and/or federal labor laws, this would not prevent the applicant from being issued an EAD. (05.Nov.2020)Sheela Murthy...
