... If the petition is accepted for processing, I will continue to work on OPT in F-1 status due to the cap gap. My wife, who is also a student in F-1 status, will graduate this May. After graduation, she wants to change her status...
Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but, keep in mind that many PERM cases are audited. In fact, the DOL audits approximately 30-40% of all PERM cases. So, if everything else...
Answer The H-4 EAD provisions are expected fairly soon. The COS would likely take several months, unless paired with an H1B filing for premium processing. It is also possible to avoid that wait by applying for an H-4 visa at a U.S. consulate abroad without filing...
Answer If applying under EB1(a), Extraordinary Ability or EB1(b), Outstanding Professor / Researcher, the standards are high and it is going to be necessary to have extensive, documented achievements in the field. A person who just received a PhD would be unlikely to meet these standards...
Answer The H1B petition is not impacted by the H-4 visa (i.e. 'stamp'), and a person may have both an H1B and an H-4 visa in his/her passport. However, one can only hold a single status at a time. If the employment with the H1B employer...
... and issued a request for evidence, to which I replied. The USCIS still did not issue a decision and it is currently pending. Because of the extensive delay, even if I received my OPT authorization now, I would not be able to use it...
Answer Changing status from H-4 to F-1 from within the U.S. requires the filing of an I-539 application. The individual files this form, not the school, but it must be supported by proper documentation, including the I-20 from the school. (09.Feb.2015)In frequent sessions of our Chat,...
Answer If a person qualifies for EB1(b), he could move forward with that case, even though he already has an approved I-140 in the EB2 category. It is possible to qualify for more than one type of GC case, and it isn't necessarily inconsistent at all...
AnswerYes, the time beyond the six years based on the pending PERM is given to any H1B filing - not just those filed by the employer who filed the PERM. But, there are some risks here to consider that would best be discussed in a...
Answer There is a short deadline to file a motion to reopen or motion to reconsider. Make sure not to miss that deadline, even if other efforts are made to solve the problem. If this case was filed using premium processing, it is possible to reach...
