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...
Answer If a person qualified under EB1, the fact that they had an approved EB2 I-140 would not prevent the EB1 filing. The EB2 I-140 does not necessarily even contradict the EB1 filing for an outstanding professor / researcher. It could be the exact same position,...
AnswerEmployers are not supposed to file two PERM cases for the same employee at the same time. Filing at the same time means both will be pending with the DOL at the same time. So, simply choosing a different title/category isn't going to help. It...
