Answer: A person in H-1 status could convert to J-1 for a medical residency. The issue with the change to J-1 is that it does not have premium processing as an option. So, timing is an issue. If the program starts before the J-1 can be...
Answer: Yes, the H-1 primary could file to change companies even while the H-4's COS to H-1 is pending. It may get a little confusing, as the H-4's COS would normally reference the H-1s current I-94 information. So, the USCIS may send an RFE if they...
Answer: Normally, an EB1 denial would not impact an approved EB2 application, even assuming the EB2 was filed by the same company as the EB1. The only issue would be if there was a status problem created due to reliance on an EB1 petition filed with...
... I successfully completed my study and was authorized for Optional Practical Training (OPT) upon graduation. While I was working on OPT as a computer analyst, my employer filed an H1B petition on my behalf. Unfortunately, my employer’s petition was rejected in the lottery as...
Answer: As a general matter, children age out at age 21 and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes treated as...
Answer: The employer can request revocation of the I-140 at any point prior to the GC approval. However, in an AC21 GC portability case, this action by the employer is not supposed to disrupt or otherwise cause a denial of the GC case. There is information...
Answer: It would be necessary to wait for the H1B petition approval before starting employment again. The H1B in this situation normally would not be cap subject, so it could be filed at any time and could request an immediate start date. Unlike when changing jobs...
Answer: If there is a legal basis to do so, and time permits, it is possible to either file a motion to reopen / reconsider the I-140 denial or an appeal. The motion or appeal can be used as a basis for further H1B extensions while...
Answer: Generally, any non-U.S. citizen must notify USCIS by filing the AR-11 form within 10 days of the move. However, as a student in F-1 status, you only need to provide your new address to your DSO within 10 days of the move by following a...
Answer: If a person in B-2 status files an extension request and remains in the U.S. while it is pending (beyond the I-94 expiration), s/he will be out of status and unlawfully present if the extension is denied. This period of overstay and unlawful presence automatically...
