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...
Answer You may be eligible for curricular practical training (CPT) authorization to work as an intern. You should consult with your DSO about the specific requirements you must meet to qualify for CPT. Generally, the proposed employment should be an integral part of your program of...
Answer Yes, an H-4 may study FT and later file for a COS to F-1. This should not create COS issues; H-4s can go to school FT and it will be clear from the school attendance that the F-1 applicant is a genuine student. It sometimes...
Answer The processing times are on the DOL website iCert portal. If there is no audit, it is taking around 6 or 7 months. If there is an audit, it takes much longer - more than a year. The lawyer can check the status of the...
AnswerNo, that is not accurate. The employer can revoke the I-140 at any point prior to GC approval. It is just that once the I-485 has been filed and pending for 180 days, the I-140 revocation does not mean the I-485 will automatically be denied....
Answer It is possible to use coworker affidavits as evidence of past employment experience. Obviously, it is easier with direct employer proof, and anything other than that may result in an RFE. This issue should be reviewed carefully by the attorney to evaluate options. (02.Feb.2015)Questions frequently...
... My DSO said that I could start attending school, and I started taking classes at the beginning of the term. However, my I-539 application is still pending, two months after the start of my program. Is there any issue that my I-20 submitted to...
AnswerH1B status is lost when the job ends. While paychecks are often used as proof of employment, an H1B is not in status just because she is getting a (delayed) final paycheck, severance pay, vacation / PTO payout, etc, after the actual end of her...
