Answer An I-485 generally can only be filed if the priority date is current. If the PD retrogresses before the I-485 is filed, the beneficiary must wait until it becomes current again. That being said, note that the beneficiary can file the I-485 directly, as opposed...
Answer It is not mandatory to withdraw one of the petitions. The USCIS is supposed to track these matters so that cap numbers aren't wasted, but it isn't entirely clear that they really can do so. In any event, as long as the petitions are not...
Answer It is ok to apply for jobs while an EAD application is pending, but work cannot start until the EAD is issued. (27.Apr.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer No. Green cards generally are based upon family or employment sponsorship. There are also certain humanitarian (e.g., asylum) categories, as well as the diversity lottery. But, length of time is not enough, other than something called 'registry,' which only applies if the person has been...
... in management to increase my chances for getting good employment options in the future. Am I able to take classes while on OPT? Answer Unfortunately, the answer to this question is not entirely clear. The most current guidance was issued by INS in the early 1990s....
Answer Yes, H1Bs are not actually transferred; so, a person can have multiple job changes based upon employer petitions. Or, there could be multiple H1B petition approvals, and the person just picks which job s/he wishes to take. Be careful with any contract signed with an...
Answer The information on the I-140 should be accurate. If one is married when it is filed, that should be included in the I-140. If one is single when it is filed, there does not need to be an I-140 update or amendment to reflect a...
AnswerIf a person leaves the U.S. for one year, an employer may file an H1B petition for that individual, which would allow the 6-year H1B period to start anew. However, this type of case is cap-subject. In order to return in H1B status after completing...
Answer The change can be done either by filing for change of status from within the United States, or by applying for an H-4 visa from abroad. The main difference is that, if the COS is filed in the U.S., the H1B status stays in place...
... which I need to complete in order to graduate. Therefore, I will apply to my DSO for the extension of my program. Does my wife in F-2 status need to do anything separately to extend her stay? Answer Your dependents' F-2 status, including that of your...
