Answer Yes, the employer could file a PERM labor for someone on OPT. While F-1s are a nonimmigrant intent category, the PERM filing does not void the status. (27.Oct.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer The USCIS continues to process I-485s, even if the date is not current. They are processed through to a pre-adjudication point, where the only thing missing is the visa number. The USCIS can definitely issue an RFE without a visa number available and can deny...
... My school considers full-time enrollment to be 6 credit hours per term. Therefore, I normally take two 3-credit classes one after another during each academic term. My CPT employer filed an H1B petition for me in the beginning of the current term. Therefore, my...
Answer Yes, another employer can file the H1B for CP. There is not a specific time limit, but it is important not to stay in the U.S. when out of status. In addition to the 3- or 10-year bar after 180 days of unlawful presence, in...
Answer It is not always necessary to go to the home country. It depends upon whether there has been a denial of the COS or EOS for being out of status (in which case, home country is required). It also may depend on factors such as...
Answer It would be best to return fairly quickly to get started on the GC employment, if you are the primary. There isn't an exact set limitation, although there is the AP expiration date and the concept of abandonment of the GC. Since the GC is...
Answer Assuming that there is already an acceptance into an appropriate school, it is necessary to file the I-539 to request the change of status. This must be supported by the school's I-20 and the individual's documentation of status and eligibility for F-1. The Murthy Law...
... this past August, which was about five months before the start of my program, and applied for change of status to F-1. The USCIS approved my application in only one month, with the immediate start date, which was before the start of my program...
Answer The GC should not have been granted as a derivative after the divorce was final. This is a bit complicated and needs individual advice. From outside the U.S., it may be possible to use the GC relinquishment option. Otherwise, inside the U.S., it would be...
Answer The laws allowing for H1B extensions beyond the six-year limit are interpreted as requiring that the GC case be filed for the particular H1B worker (not their spouse). So, only the primary gets the benefit of the H1B extensions based upon the I-140 approval. (13.Oct.2014)In...
