Answer A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn't needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the...
Answer Nothing happens automatically to the PERM/I-140 at the six-year H1B point. Assuming the employer still supports the case, the PERM and I-140 can be approved, even if one is out of H1B time. And, of course, it may be possible to use the pending...
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that the Vermont Service Center (VSC) is experiencing delays in issuing J-1 waiver approval notices. This is creating problems for J-1 physicians who need these notices from the VSC in order to proceed with the waiver...
Answer No, a person can only have one status at a time. It is possible to have both an H1B and an H-4 visa "stamp" in one's passport; but, not to be in both H1B and H-4 status at the same time. It might be best...
Answer The H1B petition withdrawal is the employer's responsibility. The petition belongs to the employer - the H1B worker can't withdraw it. There would not be any immigration issues created in this situation, as long as these were genuine job offers, separate from each other, and...
Answer Yes, the H-4 is spouse-specific, not specific to your spouse's job. So, as long as the H1B is maintained, the other spouse is eligible to apply for and receive the H-4 (and, if qualified, an H-4 EAD). (03.Aug.2015)In frequent sessions of our Chat, Sheela Murthy...
Answer Anyone who obtains a U.S. master's degree (or higher) from an accredited, not-for-profit college or university can file in the master's cap. It is the degree that matters, not the status held when obtaining the degree. H-4s are eligible to attend school, so that is...
The U.S. Citizenship and Immigration Services (USCIS) has issued final guidance specifying the requirements for filing amended H1B petitions based on changes in worksite location. This guidance makes some concessions to employers of H1B workers, in response to concerns raised following the May 2015 issuance of initial...
Maria M. Odom, the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), has submitted her office's 2015 Annual Report to Congress. This annual report includes lists of problems within the immigration system identified by the CIS Ombudsman's office, as well as recommended solutions. Background on the CIS Ombudsman The...
Answer No, if a foreign national is trying to change from L-1 to H1B, s/he needs to be counted against the cap. The only exceptions are for cap-exempt employers. There are no other special exemptions, even after the I-140 approval. (27.Jul.2015)In frequent sessions of our Chat,...
