... 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....
Answer The answer to this depends upon the requirements for admission to the 2-year bachelor's program. If it required 2-3 years post the 10+2, then it might equate to a 4-year degree. That is what matters - the 2-year degree, essentially, must be equivalent to years...
Answer The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21...
Answer Yes, a company (or appropriate family member) could file a GC case for an E-3. The process typically is the same for most employment-based GC cases - PERM I-140/I-485. It would be important to consider timing with E-3 renewals, but it likely could be done....
Answer Many small companies and startups file H1B petitions. Any U.S. company can file. The basic requirement is that the company must be able to show that it has a proper H1B position available (i.e. a job that requires a bachelor's degree in a field of...
Answer If a request to change status has been timely filed, it is permissible to remain in the U.S. while the application is pending. Timely filed means filed while still holding a valid status - such as H1B. So, based on the information given, and assuming...
Answer An H1B worker can make a passive investment in any company. However, it must honestly be a passive investment, only. One cannot work at the company or run / manage the business. People often think they are not "working" because they hire someone else for...
Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e. deportable) and inadmissible. In...
