25 Feb 2019

I have a pending I-485 based on my approved I-140, and am working based on an EAD. If I lose my current job, but have a valid job offer for a similar position with another employer, can I stay in the U.S.? Does it matter that I have not yet joined the new employer?

Answer Actual employment is not required for purposes of a pending I-485. Technically, all that is required is an offer of future employment, and the applicant must intend to start the new position once the green card is issued. (25.Feb.2019)In frequent sessions of our Chat, Sheela...

25 Feb 2019

My H1B extension has been pending for months, and my I-94 just expired. My project will soon end. Can I file an application to change status to H-4?

Answer In general, if a change-of-status application is filed while a timely-filed extension is pending, and one's I-94 has expired, the USCIS will only approve the change of status if the extension is approved. (25.Feb.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

25 Feb 2019

I am in H1B status and am being promoted to a managerial position, where I will have one direct report. Does this qualify me for an EB1(c), multinational manager / executive case?

Answer In order to qualify for the EB1(c) category, one must have worked abroad as a manager or executive for at least one year, and then be offered a managerial or executive position with a related company in the U.S. Without the qualifying foreign experience, one...

11 Feb 2019

My I-140 was just approved. Can I keep this priority date if I leave the U.S. and do not return until my priority date becomes current? Could I use that priority date with an I-140 filed by a different employer?

Answer Once the I-140 is approved, the priority date is "cemented" and will be retained for future I-140 approvals with different employers. Only revocation of the I-140 by the government (as opposed to withdrawal by the employer) can result in loss of the priority date; this...

11 Feb 2019

The USCIS online system shows my I-140 was approved, but I do not have a copy of the approval notice. If I apply to extend H1B status beyond 6 years with a different employer, do I submit a copy of the actual approval notice?

Answer It generally is possible to print out the case status result from the USCIS website, and submit this printout as proof that one has an approved I-140, and therefore qualifies for an H1B extension beyond 6 years. (11.Feb.2019)In frequent sessions of our Chat, Sheela Murthy...

04 Feb 2019

I am a U.S. citizen. Is it possible to sponsor my fiancé from Nigeria even though we have never met in-person?

Answer Normally, to be eligible for a K-1 visa, the couple must have met physically within two years prior. There are exceptions in which this is impermissible culturally, but these cases generally are difficult to get approved by the USCIS. (04.Feb.2019)In frequent sessions of our Chat,...

04 Feb 2019

I was recently laid off from my H1B position. If I find a company to file an H1B change of employer for me within my 60-day grace period, will I have to provide any special paperwork to show I’m in the grace period?

Answer Typically, if an H1B change of employer is filed during the 60-day grace period, no "special" paperwork would be required. As with most any H1B petition requesting status, one should provide evidence of having maintained status; if filing during one's grace period, such evidence may...