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...
Answer We always support positive immigration reform, including the opportunity for I-140 beneficiaries (and spouses!) to apply for EADs. There appears to be some action on this matter, but it is very difficult to judge if or when it may occur and, if so, what the...
Answer Whether you are eligible for unemployment benefits is a matter of state law. But, if one is eligible, taking such benefits does not create immigration public charge issues. Unemployment is insurance; it is not a "means tested public benefit." (23.Nov.2015)In frequent sessions of our...
... This application was approved in August for the start date of October 1. However, because I enrolled in a degree program, I also filed an application for change of status to F-1. The F-1 application was approved in September with an immediate effect. Now,...
Answer In this situation, it is potentially possible for the 3-year masters to be evaluated as equal to a U.S. masters. If so, EB2 would be an option, assuming the job has EB2 level requirements. The difficult issue is the experience with the same employer. Generally,...
Answer If the priority date (PD) is not current for the I-140, then it is possible to extend for another 3 years with any employer. If the PD is current, then the extension would typically be limited to 1-year increments. (16.Nov.2015)In frequent sessions of our Chat,...
Answer Generally speaking, a job change on H1B is possible when the H-4 COS is pending. The H-4 is spouse specific, not specific to the H1B worker's job. However, if s/he is also applying for an EAD, your spouse may encounter problems in the job change...
Answer People are allowed to travel on H1B, H-4, L-1, or L-2 (as well as advance parole) without disrupting the pending I-485. If any other status is held, travel should wait for the AP. (16.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
... I am concerned that I will not have my application for F-1 status approved prior the end of study so that I can apply for optional practical training (OPT). Is there anything I can do to expedite the decision on my application? Answer You should look...
Answer Yes, the PERM can be filed while one is abroad. The same rule for extending beyond the six-year limit based upon the PERM filing 365-day rule applies. So, this strategy can work. (09.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
