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02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

18:39 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
02 Apr 2018

I am in H-4 status and am in the process of getting a divorce from my H1B husband. How many days may I remain in the U.S. once my divorce is finalized?

Answer There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won't...

18:37 / FAQs / For Families / For Individuals / Nonimmigrant Family
26 Mar 2018

I was given a 221(g) administrative processing notice when I applied for an H1B visa at the consulate. Can I be sponsored for an H1B transfer while the 221(g) case is still pending?

Answer Yes, one in this situation normally could have another employer file an H1B petition for consular processing. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...

12:15 / FAQs / For Employers / For Individuals / Worker
26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

12:12 / Employment Based / FAQs / For Employers / For Individuals / Resident
26 Mar 2018

I’m on STEM OPT and would like to move to a new employer. This employer, however, is not willing to sign my I-983. Is there any possible alternative for this?

Answer A signed and completed I-983 is an absolute requirement for STEM employment. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright © 2018,...

12:09 / FAQs / For Individuals / Student
12 Mar 2018

Employer B filed an H1B change of employer petition for me. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, one generally can have multiple H1Bs filed on one's behalf without an issue. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright...

13:37 / FAQs / For Individuals / Worker