Answer: To be really safe to legally remain on H1B status, without interruption, the PERM case should have been started much earlier. Ideally, the employer should have taken steps to file the PERM at least 365 days before the H1B six-year expiration point. Since it is...
Answer: A person who had an H1B petition approval in 2007, but did not use all the six years of time, should be able to have an employer file a new H1B case and not have to be counted against the H1B cap or have to...
Answer: An employer can file an H1B petition for an individual who is outside of the U.S. Such cases are filed for consular processing, not as an extension of status. These cases can be filed as long as the person is eligible for more H1B time....
Answer: Congratulations on reaching the stage when your priority date is current, allowing you to file the I-485 and obtain an EAD. The EAD provides unrestricted employment authorization. Hence, a person is allowed to do two (or more) jobs with the EAD. However, in order to...
... I would like to challenge the denial by filing a motion to reopen or reconsider this decision, but I am very concerned that I will be staying in the U.S. without lawful status now, that my STEM OPT was denied. Can I transfer to...
Answer: If Company A has not withdrawn the H1B petition that it filed on your behalf, and you have been maintaining valid H1B status, you should be able to return to that previous employer based on the still-valid petition. (10.Feb.2014)In frequent sessions of our Chat, Sheela...
Answer: The USCIS wants to see that you are maintaining valid nonimmigrant status at the time of filing the H1B transfer. Generally, the most recent 2 to 3 months of pay stubs are sufficient. However, the USCIS can request additional documentation to see that you have...
Answer: If you are planning to abandon the permanent resident process, it may be wise to withdraw the I-485 application; that way you will have a better chance of obtaining a nonimmigrant intent visa (e.g., B-1/B-2, F-1) in the future. Before making a decision about withdrawing...
Answer: Depending upon the specific situation, a green card holder who has been outside of the U.S. for more than one year without first applying for a reentry permit, may be able to obtain an SB-1 Returning Resident visa. It would be wise to consult with...
Answer: If your spouse was born in UAE, you can be cross-charged to that country instead of India. In other words, your pending green card case can be counted under your spouse's country of birth rather than your own. (03.Feb.2014)In frequent sessions of our Chat, Sheela...
