Answer Yes, a company can start a GC for someone on F-1/OPT. This does not disrupt the F-1/OPT status. But, for people from India, it is normally going to be necessary to change into H1B or some other work authorized status at some point to bridge...
Answer The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number...
The U.S. Department of State (DOS), through Charles Oppenheim, Chief of the Visa Control and Reporting Division, provides a monthly explanation of the visa bulletin contents. The September 2015 Visa Bulletin contains some significant cutoff date movements, both forward and backward. Accordingly, Mr. Oppenheim has...
The U.S. Department of State (DOS) released the September 2015 Visa Bulletin, which is the final visa bulletin for fiscal year 2015. To the disappointment of many, the employment-based, second preference (EB2) category for India and China retrogresses to January 1, 2006. On a far more...
Answer The spouse is automatically eligible as a derivative in an employment-based GC case, without regard to the spouse's status. The spouse doesn't have to be "added" to the I-140 or I-485. It is an automatic eligibility, and the spouse just needs to file the...
The U.S. Citizenship and Immigration Services (USCIS) issued an explanation regarding signature waivers for permanent resident cards (i.e. green cards). This is in reference to situations in which a form I-551 (commonly, a "green card") bears the notation signature waived, rather than the green card...
The U.S. Department of State (DOS) Visa Bulletin for September 2015 contains significant changes for Indian nationals. There is favorable news in the employment-based, third preference (EB3) category for India. The cutoff date for EB3 advances by more than six months, to December 22, 2004....
The U.S. Department of Labor (DOL) is responsible for the PERM labor certification (PERM LC) process. The PERM LC process is the first of three stages in most employment-based permanent residence (commonly, "green card") cases. Each quarter, the DOL summarizes key PERM-related data that provides...
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...
After a PERM labor certification (LC) case is filed, the U.S. Department of Labor (DOL) is permitted to audit the case. The purpose of these audits is to verify that the petitioning employer is complying with the applicable legal requirements. These audits can either be targeted...
