Answer Generally speaking, it is possible to file an I-485 after one's I-94 has expired and an H1B extension is pending. However, in order for the I-485 to be approved, there cannot be a gap of more than 180 days between the filing and an approved...
Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer There is nothing particularly new in this regard, other than what was posted a while ago about the OMB process. These things take a lot of time and need multiple internal government approvals. But, even if the rule is finalized, you should review our NewsBrief...
Answer If the H1B visa "stamp" is unexpired, it can be used to reenter with a new employer's I-797 petition approval. It is possible to travel with a new passport and use a visa in an old, expired passport. Just show both documents to the immigration...
... while waiting for the start date of my H1B employment on October 1st, based on the approved petition. However, I no longer intend to work for the petitioning employer and would like to apply for a 24-month OPT extension, based on my STEM degree....
Answer The NIW and the J-1 (Conrad) waivers serve two different purposes. The NIW is a green card filing that waives the requirement of a PERM labor in the GC process. The Conrad 30 waives the J-1 2-year home residency requirement (HRR) for physicians. People subject...
Answer Typically, the USCIS would just send an RFE for photos that comply with USCIS requirements. (06.Jun.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, click here.Access more FAQs...
Answer The SB1 is a returning resident immigrant visa; if an SB1 application is approved, it can be used by a green card holder to return to the U.S. following a stay abroad that lasted longer than one year, or beyond the validity period of the...
Answer If one is eligible for NIW, it can be a good option, as it is not employer / job specific. The NIW is based on the intention to keep working in the field of expertise. (06.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other...
... After I applied for a 24-month OPT extension, based on my STEM degree, the USCIS issued a request for evidence (RFE) asking for proof that my first-year OPT employment directly related to my degree. What should I do? Answer To show that the OPT employment is...
