Answer I assume that these are cap-subject cases. In any event, if they are not connected to each other at all (not violating the prohibitions on multiple filings by same / related employer), then there is no problem with having two filings. Each is independent of...
Answer There is not a nurse-specific nonimmigrant category. This is a long-standing problem. Some (but certainly not all) RNs qualify for H1B status. They must have bachelor's degrees and work in the limited types of nursing jobs that require the 4-year degree as a minimum requirement....
Answer There is very little clearly stated guidance on taking classes while engaging in OPT. Based on the guidance issued by the Legacy INS in the early 1990s, F-1 students authorized for OPT should be permitted to take classes on a part-time basis, which are either...
Answer If the case is filed prematurely and rejected, this would not prevent the I-140 from being used again for a later I-485 filing. The worst that could happen, other than wasting money and effort, is either (a) the case is wrongly accepted and denied later...
Answer Things are rather chaotic right now. October is the first month of a new fiscal year, so final action (FA) dates WILL move within the next 12 months. What is unknown is how much they will move and precisely when. We are hoping that the...
Answer H1B workers are generally allowed to work for up to 240 days based upon a pending, timely filed H1B extension request. This timeframe is measured from the expiration of the approved H1B. The RFE does not change this rule. (28.Sep.2015)In frequent sessions of our Chat,...
Answer Yes, an H-4 dependent can stay in the U.S. while the H1B travels for routine personal or business travel. What is not allowed is what is referred to as "parking" dependent family members in the U.S. after the primary has left the country for good...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
Answer Yes, the USCIS now allows the filing of the I-485 without an I-693. The USCIS typically then requests the medicals via a request for evidence (RFE). At the Murthy Law Firm, we generally recommend that our clients include the I-693 at the time of filing,...
Answer The answer depends, in part, upon how long the I-140 was pending, as that is part of the CSPA calculation. There are unanswered questions about the impact of the DF chart on the CSPA - but the starting point would be to calculate his CSPA...
