Answer Generally speaking, it is possible to file an I-485 after one's I-94 has expired and an H1B extension is pending. However, in order for the I-485 to be approved, there cannot be a gap of more than 180 days between the filing and an approved...
Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer There is nothing particularly new in this regard, other than what was posted a while ago about the OMB process. These things take a lot of time and need multiple internal government approvals. But, even if the rule is finalized, you should review our NewsBrief...
Answer If the H1B visa "stamp" is unexpired, it can be used to reenter with a new employer's I-797 petition approval. It is possible to travel with a new passport and use a visa in an old, expired passport. Just show both documents to the immigration...
The U.S. Citizenship and Immigration Services (USCIS) annual H1B cap lottery selection results are life changing for many foreign nationals. The exact selection process, however, remains a mystery. The American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) have filed a lawsuit that...
Answer The NIW and the J-1 (Conrad) waivers serve two different purposes. The NIW is a green card filing that waives the requirement of a PERM labor in the GC process. The Conrad 30 waives the J-1 2-year home residency requirement (HRR) for physicians. People subject...
Answer If one is eligible for NIW, it can be a good option, as it is not employer / job specific. The NIW is based on the intention to keep working in the field of expertise. (06.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other...
The U.S. Citizenship and Immigration Services (USCIS) recently designated an Administrative Appeals Office (AAO) decision on L1A functional managers as binding precedent. The case involved a small U.S. subsidiary of a large Japanese company. The AAO found that, in order to determine whether a person...
Answer There is not a minimum number of days that one must be on L1A before the company can file the EB1(c) case. The only durational issue is that the sponsoring U.S. company must have been in business for at least one year prior to filing....
Answer Let's take this opportunity to remind everyone that H-4s are not automatically extended with the H1B filing! Also, if the error was discovered before you accumulated 180 days of unlawful presence, it typically would be very bad advice to simply file an NPT, wait, and...
