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18 Jan 2016

My application to change from H1B to H-4 has been pending for a few weeks. Is it too late to withdraw this application?

Answer It is possible to request to withdraw a COS request. The issue is whether or not the request will be matched up with the file. It may be a good idea to talk to an attorney to make sure that this is really necessary, and...

16:29 / FAQs / Worker
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18 Jan 2016

I have a green card and recently got married. How do I bring my wife to the U.S.?

Answer A GC holder can file a family-based petition for his or her spouse. These petitions fall under the FB2A category, so there is a bit of a backlog in visa availability. There typically is no way around that until the GC holder becomes a U.S....

16:27 / Family Based / FAQs / Resident
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18 Jan 2016

Can a person with an H-4 EAD work in any field?

Answer A person with an H-4 EAD can work in virtually any field. This is unrestricted work authorization. It can be full time or part time; the person can be self-employed, work as a W-2 employee, or work as a 1099 independent contractor. As long as...

16:27 / Employment Based / FAQs / Resident / Worker
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15 Jan 2016

I am currently working on OPT valid until April 15th. My employer will be filing an H1B petition for me with a start date of October 1st.

... I understand that, if the petition is accepted for processing, I will be eligible for the cap-gap benefit (i.e. the extension of my F-1 status with employment authorization) until September 30th, unless the petition is denied or withdrawn. Would I be able to continue...

08:35 / FAQs / Student
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11 Jan 2016

I am currently working on OPT valid until May. My employer will file an H1B petition for me in the first week of April for the start date of October 1st. …

... My DSO explained to me that, if my petition is accepted for processing, I will be eligible for the cap-gap benefit, which will extend my OPT authorization and F-1 status until September 30th. My wife and child are in F-2 status as my dependents....

14:18 / FAQs / Student
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11 Jan 2016

I have an Indian education with 10 + 2 + 3 (diploma) + 2 (bachelor’s degree) + 13 years of experience. Would I be eligible for an EB2 PERM position?

Answer The answer to this depends upon the requirements for admission to the 2-year bachelor's program. If it required 2-3 years post the 10+2, then it might equate to a 4-year degree. That is what matters - the 2-year degree, essentially, must be equivalent to years...

10:34 / Employment Based / FAQs / Resident
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11 Jan 2016

If a person with a pending I-485 and an EAD loses her job, what are the options?

Answer The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21...

10:32 / Employment Based / FAQs / Resident / Worker
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11 Jan 2016

Is it possible to apply directly for a green card while on the Australian E-3 visa?

Answer Yes, a company (or appropriate family member) could file a GC case for an E-3. The process typically is the same for most employment-based GC cases - PERM I-140/I-485. It would be important to consider timing with E-3 renewals, but it likely could be done....

10:30 / FAQs / Worker
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11 Jan 2016

Can small companies and/or startups sponsor H1B workers?

Answer Many small companies and startups file H1B petitions. Any U.S. company can file. The basic requirement is that the company must be able to show that it has a proper H1B position available (i.e. a job that requires a bachelor's degree in a field of...

10:29 / FAQs / Worker
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05 Jan 2016

My H1B will expire in 1 week. I filed a COS application to H-4 but it is still pending. Do I have to leave the U.S. once my H1B I-94 expires?

Answer If a request to change status has been timely filed, it is permissible to remain in the U.S. while the application is pending. Timely filed means filed while still holding a valid status - such as H1B. So, based on the information given, and assuming...

16:04 / FAQs / Worker
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