Answer An employer has an obligation to complete form I-9 for all new hires to verify that the employee is authorized to work in the United States. The EAD would provide that documentation, but one would not have to provide the H-4 I-94. Of course, by...
Answer The civil surgeons who complete the medical exams for I-485s are all in the United States. So, if the RFE is a typical I-485 RFE for an updated medical, it is going to be necessary to get the exam completed in the U.S. (The panel...
Answer If the petitioning employer will not provide you with a copy, you may file a Freedom of Information Act (FOIA) request. If there is no I-485 filed based on that I-140, the USCIS may not provide you with a copy. But, the USCIS usually will...
Answer Typically, what is used in this situation are affidavits from colleagues. We usually use affidavits from two people (former coworkers or supervisors) who can verify the work information and experience. (21.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
... On the way back, I was given a Form I-515A with instructions to mail in the required travel documents. It's been two months and I was so busy that I forgot to do it. What should I do? Answer Generally, students who do not have all...
Answer Yes, but if you travel with a change of status pending, the COS will be deemed abandoned and the case will be processed for consular processing. Therefore, in order to return in H1B status, one would typically need to apply for an H1B visa "stamp."...
Answer The comment period closed about two weeks ago. There were around 30k+ comments, all of which must be reviewed and considered by the government before finalizing. The regulation covered quite a number of issues - not just the I-140 EAD. So, it could easily be...
Answer The H-4 and the H-4 EAD are not specific to the spouse's job. As long as the principal spouse maintains valid H1B status, a change to a new employer typically would have no impact on the H-4 EAD. (14.Mar.2016)In frequent sessions of our Chat, Sheela...
Answer If an approved I-140 is needed to extend one's H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition,...
... However, I would like to transfer to another program and apply for reinstatement as a back-up plan. Can I pursue both of these courses of action? Are there any downsides? Answer It is understandable that you want to increase your chances of being able to maintain...
