Answer Yes, the PERM can be filed while one is abroad. The same rule for extending beyond the six-year limit based upon the PERM filing 365-day rule applies. So, this strategy can work. (09.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer Yes, a person with a pending I-485 can travel based on an advanced parole document. Or, one can travel on an H1B, H-4, L-1, or L-2 while the I-485 is pending. (09.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer I am assuming that the H1B petition was revoked by the employer after the job ended. In that case, yes, it is generally possible to travel using the unexpired visa and the new approved petition. The petition revocation generally does not revoke or otherwise void...
Answer There isn't an amendment option with the I-485 on the form. But, there are situations in which something important (like a criminal matter) was omitted and a correction is filed proactively. Different attorneys handle the medical issue differently - and it depends, in part, on...
... and enroll in an academic program that requires I hold F-1 student status. Will I be able to change my status from M-1 to F-1? Answer No, the regulations do not allow for change of status from M-1 to F-1 within the U.S. You must depart...
Answer If a circumstance has changed, or if an error is discovered, it is possible to send supplemental information to the USCIS. However, there is a risk that documentation that is sent in without a request for evidence may never connect with the case file. Depending...
Answer As long as the I-140 remains valid (i.e. not withdrawn by the employer), one can use that I-140 approval as a basis to request a 3-year H1B extension with any employer. There is no wait time to use the I-140 approval for H1B extension, even...
AnswerGenerally, an H1B individual is only able to work for the H1B petitioning employer. With other income, the question is whether the USCIS would consider it to be evidence of unauthorized employment. The test would be whether this is an active or passive investment. For...
Answer It is possible to upgrade a pending I-140 to premium processing, assuming the case is filed in a category that allows for premium. To do this, it is necessary to have the receipt number from the I-140. The company would have to permit this upgrade....
Answer The H1B petition has a starting date. That is when one is supposed to start working for the H1B employer. I am assuming that the H1B was approved with a change of status (I-94). There may be a bit of flexibility with respect to the...
