Answer As part of filing for a green card based on a marriage to a U.S. citizen, one must demonstrate the validity of your marriage (i.e. your joint life together). If the couple is living apart, they will need to provide documentation evidencing the cause for...
Answer The proposed I-140 EAD rule (which is just one provision in a much larger set of rules) is currently with the Office of Management and Budget. We are expecting it to eventually be published, but there is no anticipated timeline. Be aware, however, that if...
Answer As long as the foreign national continues to work in accordance with the terms of the approved H1B petition, it generally is permissible to also enroll in school as a full-time student. (31.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer Unfortunately, this provision applies only to H1B status, not to L-1. L1A status cannot be extended beyond 7 years. (24.Oct.2016)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,...
Answer Generally speaking, unless the individual qualifies for AC21 (i.e. I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (24.Oct.2016)In frequent...
Answer H1B petitions can always be 'upgraded' to premium processing. Cases filed for premium processing (whether filed that way initially or upgraded later) appear to have a greater incidence of being issued RFEs. This is likely due to the strict timelines the USCIS officers must adhere...
Answer This is very case-specific, and is not something that can be easily addressed in this type of forum. One in this situation should consult a qualified attorney. (24.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
... I would like to apply for a 24-month STEM extension, based on this arrangement, but I heard from some of my friends that I am not allowed to work remotely at a client site during the STEM OPT period. Is this true? Answer SEVP has confirmed...
Answer Generally speaking, if a foreign national changes to H-4 status and then travels outside the U.S. (with the exception of Canada or Mexico for trips of fewer than 30 days), s/he will need to obtain an H-4 visa stamp to reenter in H-4 status. (17.Oct.2016)In...
Answer This type of H1B petition may require more documentation regarding the legitimacy of the company, and may require a special strategy when filing. However, they are routinely approved if properly presented. (17.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
