Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
... I will be eligible to apply for the 24-month STEM OPT extension in a couple of months. Can I continue to work for my own business? My company is registered with E-Verify. Answer In its preamble to the May 10, 2016 STEM rule, USCIS indicated, "…...
Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one's qualifications and the benefit prospectively to the United States that is likely to come from...
Answer Sometimes, the connection is obvious, such as when an RFE is issued, and it is of the type that is issued only for cases that are close to current. But, if there is any uncertainty about this, it is possible just to call the USCIS...
Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...
Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1...
Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...
Answer There is an automatic visa revalidation / contiguous territory rule that generally allows for such travel without getting a new visa. If status has been maintained and the person has a valid I-94, reentry is allowed following brief trips (30 days or less) to Canada/Mexico without...
Answer The I-485 could still be filed in this situation, once the date became current. But, it is not clear why the F-1 is needed. H-4 dependents can attend school. In most situations, the only reason for a dependent child to move from H-4 to F-1...
Answer H-4 status and H-4 EADs are generally granted for the same duration of the principal worker's H1B status. (11.Apr.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...
