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23 Jun 2014

How do I know that my employer filed PERM / I-140 under EB2 or EB3? Is there any way to get that info?

Answer If a person has the I-140 approval notice, it will reference the section of the law under which it was filed. EB2 ends in "2" and EB3 ends in "3." Otherwise, it would be necessary to know the job requirements on the PERM, as it...

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23 Jun 2014

I am a U.S. citizen and wish to sponsor my mother, who is in India, for a GC. How long will this process take?

Answer The time to petition for a parent is all paperwork processing time. It can take about a year, depending upon varying processing times. The case must get through three layers of the U.S. government when processing from abroad: the USCIS, the National Visa Center, and...

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23 Jun 2014

Does income of the sponsor determine the chances of getting the GC for the immigrant parent?

Answer The sponsor must provide an affidavit of support. It is necessary to demonstrate sufficient income (or assets) to meet the public charge provisions. Otherwise, it is necessary to have a joint sponsor, etc. But, as long as this baseline requirement is met, there is no...

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20 Jun 2014

I have been working on OPT when my employer filed an H1B petition for me to change my status from October 1st. However, the USCIS has not issued a receipt, yet. …

... My OPT EAD will expire next week. I understand that I may be eligible to continue working pursuant to the cap-gap extension. Do I need to obtain a new I-20 for cap-gap OPT employment? Answer Yes. In order to continue working, you need to apply for...

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16 Jun 2014

If I abandon my family-based GC, can my sponsor file another family-based case in the future, if needed?

Answer If one's GC status is abandoned, that does not stop her/him from regaining that status through a new GC case. However, if one has already gotten GC status through a family petition, the new case would start all over with a new priority date. (16.Jun.2014)In...

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16 Jun 2014

In a 6th year of H1B, if the employer revokes an approved I-140 (EB3), can the employee transfer to a different employer using the revoked I-140?

Answer If the I-140 has been revoked upon request of the employer, it is not available for purposes of requesting H1B time beyond the six-year limit. The I-140 must still be "in place" in order to get that benefit. (16.Jun.2014)In frequent sessions of our Chat, Sheela...

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16 Jun 2014

If my H1B is renewed after travelling on AP, what will be my status: H1B or I-485 pending adjustment of status?

Answer The status of a person who extends H1B after an AP entry is H1B, with an AOS pending. The H1B extension would return the person to H1B status, but would not disrupt the pending I-485. (16.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other...

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16 Jun 2014

Can I apply for a family-based GC (FB4), if I already have an employment-based (EB3 with I-140 approved) case pending?

Answer Yes, it is absolutely fine to have both an FB and EB case at the same time. In fact, it is often a good idea to file whatever one may be eligible to file, as immigration priority date movements are often unpredictable. (16.Jun.2014)In frequent sessions...

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13 Jun 2014

I was working on OPT when my employer filed my H1B petition. That petition was still pending when my OPT EAD expired, but I continued working …

... based on the cap gap extension of F-1 status with employment authorization. Unfortunately, my H1B has just been denied because of the lack of evidence of control of the employee by the employer. How does this denial of the H1B petition affect my F-1...

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09 Jun 2014

I initially entered the U.S. to pursue an undergraduate study in mathematics. After the first semester, however, I decided to change my major to computer science. Should I report this change to my DSO?

Answer Yes, a change in the degree objective should be reported to the DSO within 21 days. The DSO will make all necessary updates in your SEVIS record to reflect the change in your major. The updates will also include your new financial obligation. The DSO...

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