Answer If a person is not the primary, it does not matter. If one is the primary beneficiary, s/he COULD work part time, but (assuming this is an employment-based case) the GC job offer must be for a full-time position. Therefore, it could be that the...
Answer It is possible to file an H1B petition for a person who is abroad, but it would have to be filed for consular processing - meaning that changing to H1B status would require getting an H1B visa "stamp" at the consulate and entering in that...
Answer If the RFE is the standard I-485 RFE, asking for an employment verification letter, the current, AC21-based employer can provide the letter. This assumes that the current employment meets the AC21 requirements. It does not matter that the work started without an AC21 filing. AC21...
... The USCIS has just approved my reinstatement application. I would like to apply for authorization for curricular practical training (CPT), and to register it as a practicum for credit. Am I eligible for CPT? Answer A student, whose F-1 status was reinstated, may be immediately eligible...
Answer Premium processing is not available for an H-4 application. Likewise, premium processing is not an option for an EAD application. It may be possible to submit an H1B petition for premium processing and file an H-4 COS/EOS (along with the EAD application) with the H1B....
Answer It is possible to request to withdraw a COS request. The issue is whether or not the request will be matched up with the file. It may be a good idea to talk to an attorney to make sure that this is really necessary, and...
Answer A GC holder can file a family-based petition for his or her spouse. These petitions fall under the FB2A category, so there is a bit of a backlog in visa availability. There typically is no way around that until the GC holder becomes a U.S....
Answer A person with an H-4 EAD can work in virtually any field. This is unrestricted work authorization. It can be full time or part time; the person can be self-employed, work as a W-2 employee, or work as a 1099 independent contractor. As long as...
... I understand that, if the petition is accepted for processing, I will be eligible for the cap-gap benefit (i.e. the extension of my F-1 status with employment authorization) until September 30th, unless the petition is denied or withdrawn. Would I be able to continue...
... My DSO explained to me that, if my petition is accepted for processing, I will be eligible for the cap-gap benefit, which will extend my OPT authorization and F-1 status until September 30th. My wife and child are in F-2 status as my dependents....
