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 However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the...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...
Effective Monday, June 10, 2019, in addition to any cap-subject H1B petition filed for regular processing that requested a change of status, the USCIS will also accept filings of premium processing requests of all remaining cap-subject petitions. Those employers who elect to "upgrade" their pending...
The U.S. Citizenship and Immigration Services (USCIS) has updated the Adjudicators Field Manual (AFM) with guidance regarding the processing of marriage-based green card applications that involve a U.S. sponsor or foreign national spouse under the age of eighteen (18). As of April 21, 2019, certain...
The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an...
On May 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) updated the Adjudicator's Field Manual (AFM) to reduce the circumstances under which the USCIS will consider granting a case expedited treatment. In general, the USCIS has the authority to grant an expedite request on...
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...
