Answer An L1A denial generally would not prevent the company from reapplying in the L1B category. Obviously, you would need to show that you qualify for L1B. The previous denial would have to be disclosed in the I-129, but this would not automatically prevent the USCIS...
Answer In general, an employer can withdraw the job offer and thus the immigrant petition (I-140) anytime before or after approval. However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the...
Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...
Answer Generally, this is possible, assuming the foreign national’s I-94 is unexpired and s/he is maintaining status. Normally, an application / petition for extension is not cancelled by international travel. An application / petition for change of status would be cancelled by international travel. (10.Jun.2019)In frequent...
Answer A STEM OPT recipient who is employed by a non E-Verify employer generally would be out of status. A foreign national in this situation needs to talk to a qualified attorney immediately to discuss legal options. (10.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and...
Answer While on your STEM-OPT, you must be working for an E-Verify enrolled employer. Any change in employer must be reported to your DSO and the correct I-983 paperwork submitted. Failure to take these steps could result in a determination of status violation and related adverse...
Answer Yes, a person can be the beneficiary of both a family-based and employment-based immigrant petition at the same time. The petitions will not likely interfere with each other. Whichever priority date becomes current first can serve as the basis of your I-485 filing. You should...
Answer Yes, as long as that travel does not interrupt the continuity of permanent residence or the calculation of physical presence in the United States required to show eligibility for naturalization. (03.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer An individual is permitted an aggregate of 90 days of unemployment in the initial practical training period. If s/he has not had more than 90 days of unemployment and has received a STEM-OPT extension, the individual is entitled to 60 days more, or an aggregate...
Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...
