Answer H-4s are NOT company-specific. H-4s are specific to the H-1 spouse / parent. Thus, if the H1B spouse / parent changes companies, it isn't always necessary to also file the H-4 extension of status. If the H-4 is not expiring any time soon, or if...
... I am planning to enroll in one or two such classes without a specific academic objective. These classes will simply help me to have a better knowledge in my area of employment. Answer Unfortunately, there is no clear policy guidance on whether an F-1 student who...
Attorney In order to file the I-485, there must be a valid job offer from the employer / sponsor. Thus, in order to file the I-485 based upon the former employer's PERM/I-140, the former employer must still be willing to offer the position, and the applicant...
Answer If the H1B is approved for October 1 with a change of status, then the status changes to H1B. Thus, a person in this situation is no longer an L2 and can't work on their EAD. If the change of status is not desired, there...
Answer Yes, if the I-140 has been approved, the priority date can be retained in a later-filed green card case. The employer's request to revoke does not change the ability to keep the priority date. It is only the government's decision to revoke an I-140 for...
Answer Generally, foreign nationals are legally present if there is a properly filed request to extend or change status. Properly and timely filed means that the case is filed while the person is in status. Filing after a person is out of status would not usually...
... My employer will be filing an H1B petition for me for the start date of October 1st and my wife would like to file for H-4 based on that filing. Are we going to be able to maintain our statuses from the expiration of...
Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. So, the employer must be paid for this part of the case. The USCIS does not have the same view, so the expenses of the I-140 and...
Answer A promotion doesn't invalidate the PERM/I-140 automatically. But, the GC is based upon the job offer in the PERM. So, if there is a true change in the position that is not consistent with the PERM/I-140, this could pose a problem. The job offer must...
Answer The EAD is based on the pending I-485. It stays valid even if there is a job change using an H1B. What is important is to keep the entire GC case on solid footing. Normally, a job change indicates use of AC21 GC portability. We...
