13 Jun 2016

I am on OPT. Can my employer initiate an EB2 case for me now? If so, can the case be filed for premium processing so that I don’t need to apply for H1B next year?

Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

06 Jun 2016

If the photos submitted with my EAD/AP application do not meet USCIS requirements, would the USCIS deny the application?

Answer Typically, the USCIS would just send an RFE for photos that comply with USCIS requirements. (06.Jun.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 FAQs...

23 May 2016

I have an approved I-140. I recently applied for H1B extension with a client letter showing the project is expected to last for six months. What are the chances I will still be given a 3-year extension?

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...