Answer Under the current rules, the new employer would need to file a new PERM application and a new I-140. One generally would be allowed to retain the same priority date from the approved I-140, however. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other...
... requiring more information on the job offer and maintenance of F-1 status. My employer responded, but the USCIS denied it, noting that I failed to maintain valid F-1 status. Can I continue working on OPT, since it does not expire for a few more...
Answer Under the USCIS Matter of Simeio Solutions memorandum, the amendment should be filed before one starts work at a new location. So, if an amendment is filed after the move, this is a potential problem. (This is assuming that the new worksite is in a...
Answer Advance parole permits one to enter while the I-485 is pending. It generally cannot be used after the I-485 has been approved. You may wish to schedule a consultation with an attorney who can review your mother's situation in greater detail and determine what options...
Answer Ordinarily, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions may normally be unpaid without violating one's H1B status. (26.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer That's an interesting question. H1B workers are not permitted to engage in "unauthorized employment." A one-time lottery win is unlikely to be considered employment. However, someone who gambles frequently enough to be deemed a professional gambler might be considered to be engaging in unauthorized employment....
Answer A U.S. citizen can sponsor his/her mother (or father), if she is already here on a B-2 visa, and she should be able to receive her "green card" without departing the United States. One's parent should not come on a visitor visa with the intention...
Answer If the STEM extension was filed after the expiration of the person's current OPT status, it will likely be denied, I'm afraid. (19.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer This is a complex scenario. If one's H1B status has technically expired, that person would typically be in a "period of authorized stay" by virtue of the timely filed extension petition. In this type of situation, that individual cannot normally have another H1B approved with...
Answer An H-4 EAD application may be filed while the H1B and H-4 extensions are still pending. But, the H-4 EAD cannot be approved until the H-4 extension is approved. And, the H-4 extension generally will not be approved until the H1B extension is granted. (19.Sep.2016)In...
