26 Jun 2017

My PERM LC was denied, so an appeal was filed, and the case is now pending with BALCA. Can I use the pending BALCA case to extend my H1B status beyond 6 years?

Answer Assuming that the PERM case has been pending for at least 365 days, one normally would be able to get a one-year H1B approval with any employer. A BALCA appeal is considered "pending." (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

19 Jun 2017

My employer says my I-140 was approved, but he won’t provide me with a copy of the approval notice. Is there any way I can get a copy of it, even without the receipt number?

Attorney In this situation, one could submit a request to the USCIS under the Freedom of Information Act (FOIA) and, typically, obtain a copy of much of the I-140 filing. (19.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

19 Jun 2017

I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?

Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...