20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...

13 Aug 2020

My H1B extension was just denied, but I still have a few weeks left before I hit the 240-day mark from the date my I-94 expired. Can I stay in the U.S. based on this?

Answer The 240-day rule deals with employment authorization, and only applies so long as the H1B extension is still pending. It does not provide a grace period after the case has been denied. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

13 Aug 2020

The PERM filed by my current employer was denied, and the appeal is now pending with BALCA. Can a different employer file another PERM case for me while the appeal is still pending?

Answer Yes, it normally is possible to have one employer file a PERM case for you, while another PERM is under appeal through a different employer. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

13 Aug 2020

My H-4 change of status application is currently pending with the USCIS. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 to be approved?

Answer Assuming you otherwise qualify for an H-4 EAD, it generally is possible to apply for the EAD while a change of status to H-4 is pending. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...