Answer No, unless you happen to have a Canadian-born spouse. People are chargeable to their countries of birth, with limited exception. This rule applies even if a person acquires a new citizenship. (22.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
... I applied for a 17-month STEM extension based on my major that is on the list of the STEM degrees. However, the USCIS denied my application because my initial OPT was authorized based on the non-STEM degree. Is this decision correct? Answer Unfortunately, the decision was...
Answer If the marriage occurs BEFORE getting the GC, then the spouse is eligible as a derivative beneficiary in the GC case. The case would be filed as a "follow to join." The F2A case would not be required (although in some situations, with retrogression, it...
Answer LCAs cover a metropolitan statistical area (MSA). If the move is within that area, and there are no other material changes to the job, it is not necessary to amend the petition. If it is in the same MSA, the LCA has to be posted...
Answer No. The employer can request revocation of the I-140 at any time prior to the approval of the GC. However, in an AC21 GC portability situation, the revocation by the employer does not end the eligibility for GC approval. (15.Jun.2015)In frequent sessions of our Chat,...
Attorney The I-140 does not get ported to a new company. The I-140 employer petition is company specific. The exception to this is in a case where there is a sufficient connection between the companies OR the I-485 has been filed / pending for at least...
... Today, my employer received a request for evidence (RFE), issued by USCIS, on the pending H1B petition. My employer is now saying that it is unlikely that my H1B petition will be approved. Can I apply for the 17-month STEM extension of my OPT...
Answer There are some complexities here and there can be serious problems with respect to the cap if the H1B is revoked before Oct 1st. Thus, while job changes on OPT are possible before Oct 1st, it is important to get some case-specific advice about the...
Answer It is normally possible to obtain an H1B cap-exempt approval in the situation described. The old H1B is not reactivated. An employer must file again, but the filing can be made as cap exempt, with eligibility for the unused time in the initial six-year period....
AnswerYes, the change of jobs does not invalidate the H-4 EAD. The EAD is not directly tied to the H1B job. (08.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
