... Unfortunately, I filed by STEM OPT application after the expiration of my EAD and USCIS denied it as untimely filed. Is this decision correct? What can I do to get back in status? Answer Because a STEM extension application has to be filed and received by...
Answer EAD is not a status, it is work authorization granted based upon the I-485 filing. The derivative beneficiary (dependent) can work on EAD. However, what is important here before such a change, is to assess the risks - particularly since the GC sponsor is not...
Answer It might set off alarm bells if the initial H1B was at level 1 and the person never moved up. It is normal for people to make changes over time in their roles and change to a higher wage level (based on more experience). (29.Sep.2014)In...
Answer Not all I-140s can be premium processed. But, we do see sort of general, boilerplate RFEs in some PP cases. It is not so much a matter of higher scrutiny - it is just that the USCIS has time limits to hit, or else they...
Answer There are two ways to get into H1B status at this point. It is necessary to travel abroad and obtain an H1B visa at the consulate (and then get the I-94 at the port of entry;) OR to have the H1B petition refiled with a...
... I am also taking two courses and would like to accept an on-campus part-time position as a research assistant for one of the classes I am taking. Am I allowed to take the on-campus job when I am also employed off-campus in CPT? Answer The regulations...
Answer It is ok to respond to an H1B RFE by asking to withdraw the case. Whether the individual beneficiary is "safe" in this situation depends upon that person's current status and whether the individual started to work based upon the pending case. (22.Sep.2014)In frequent sessions...
Answer Not all I-140s can be premium processed. But, we do see sort of general, boilerplate RFEs in some PP cases. It is not so much a matter of higher scrutiny - it is just that the USCIS has time limits to hit, or else they...
Answer Yes, two H1B petitions could be approved for the same person through different employers. Both petitions would be valid and the person could just decide where s/he wanted to work. (22.Sep.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer There is no concern connected to the timing of the change in relation to the I-140 approval. There are general risk factors to consider - like, what would happen if the employer revoked the I-140 and the new employment doesn't work out. But, otherwise, there...
