Answer Teachers are often sponsored in J-1 and H1B status. It is necessary to check into all the educational / licensing requirements in the particular state. If you are eligible for the H-4 EAD, that would provide a very good option for pursuing any job. (16.May.2016)In...
Answer No. Volunteering during the STEM OPT extension is not allowed. Your employer should be paying you wages comparable to the wages received by other workers who are similarly situated. (13.May.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...
Answer An employer could start the GC process for a person in F-1/OPT, but there is not enough time to complete the process with only 7 months of OPT left. The PERM LC could get filed in that time, but not approved. Once your OPT is...
Answer The I-140 is signed by the employer. It is the employer's filing. Therefore, the employer can still revoke the I-140 no matter which attorney files it. The only exception is for self-petitioned categories, including EB1(a) and EB2 national interest waiver (NIW) cases. (09.May.2016)In frequent sessions...
Answer There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...
Answer No. Unless one qualifies under AC21 (i.e. the I-485 has been pending for 180 days and the move is to a same / similar position as the one in the underlying I-140), the I-140 generally can only be used to apply for a green card...
Answer Under the May 10, 2016 STEM OPT rule, students in designated STEM fields are eligible for the 24-month extension of their first 12 months of post-completion OPT. During the 24-month extension period, the student must report to their DSO every 6 months verifying their employment...
Answer The PD retention rules do not require any similarity between the jobs in the I-140s. So, a job change, even to an entirely different field, would not impact the ability to retain the PD. (02.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The answer to this depends upon the position held abroad. EB1(c) requires that the individual held a managerial or executive position with the related company abroad for at least one year. So, if that is not the case, EB1(c) would not be an option. (02.May.2016)In...
AnswerThis is not a yes or no question. We would argue that a person in this situation was counted against the cap, and therefore remains cap exempt. There are a number of technicalities here that the USCIS is raising more frequently than was the case...
