AnswerThe general rule on chargeability is that it goes by place of birth. So, if Indian parents have a child outside of India, that child may grow up and file a GC under her/his country of birth and avoid the Indian backlogs. There are limited...
Answer Priority dates do not generally get retained or transferred in family-based cases. Thus, the FB4 case for the brother would have a priority date based upon when it was filed. The FB3 case through the mother would have a separate, later priority date based upon...
... I have been admitted to my new program of study and the school issued me an I-20 form to apply for change of status. My program starts next week. Can I attend school while my application for change of status is still pending? Would...
Answer It would be possible to have multiple locations of employment and various tasks within the same job specified on the H1B. Whether it is necessary to amend the particular H1B petition depends upon how it was prepared. If there are multiple worksites, this needs to...
Answer The H1B allows employment in the position listed on the petition for the H1B employer, only. H1B workers cannot engage in independent, self-employment - which is what it seems would be involved in creating arts or crafts for the purpose of selling those items. (05.Jan.2015)In...
Answer No, the I-485 must be based on a valid job offer from the PERM / I-140 sponsor. It cannot be filed based on a new employer's job offer, even for a same / similar job. The same / similar job concept is related to AC21...
Answer Everything should be in order with the H1B before the potential H-4 applies for a visa. If there is a change in location, this must be reflected in the LCA. If there is a change in the end client in consulting, the employer needs to...
... When I checked my case status on line about a month ago, I saw that my OPT was approved and the USCIS sent me my EAD card in the mail. However, I have not received my EAD yet. I called USCIS Customer Service line...
Answer The I-485 is the individual's application, but it must be supported by a valid job offer. Under current law, the job offer in the PERM/I-140 must be valid and ongoing in order to file the I-485. So, unfortunately, the answer to this question is no....
Answer What you suggest is possible, if it can be done within the timeline for the MTR/Appeal. However, unless the H1B was a cap case, this may not be the best option. If it isn't a cap case, then it may be possible to just refile...
