Answer The answer depends upon whether or not the individual meets the statutory requirements for days in the U.S. If the basic requirements aren't met, then there is nothing to appeal. There may be an option to refile at a later time (or even now, if...
Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...
Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...
Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.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 chat...
Answer Yes, H1B workers can attend school in addition to their employment. The guidance on this is brief; it just says that the H1B job must be the primary purpose for being in the United States. So, we usually think of this as full-time work, part-time...
Answer Yes, but thought must be given to the H1B timing. The L-1 time counts against the H1B six-year limit. So, a person who spent 5 years in L1A status would typically only have one year of H1B time available. The H-1 could be extended beyond...
Answer Yes, an employer could file a GC case for an L-2 employee working on EAD. However, the L-1 and L-2 categories do not have the same extension provisions as the H1B category. So, the GC filing would not make the L-2 eligible for more time;...
Answer No, the family-based GC categories specify relatives for which one can file. It is not possible to have fact- specific qualification based upon closeness of the relationship (like an aunt / grandmother that raised someone) or financial / other dependence. (30.Nov.2015)In frequent sessions of our...
Answer Generally speaking, the H1B status ends when the job ends. If the employer has terminated the employment; that is the end of the status. While the employer is supposed to notify, failure to do so doesn't preserve status. (23.Nov.2015)In frequent sessions of our Chat, Sheela...
Answer An individual who has a properly filed I-485 may remain in the U.S. based upon that filing. This is considered a "period of authorized stay." There is no requirement that the H1B status be extended, but it is often advisable to do so to provide...
