AnswerThe LCA wage is a minimum; the employer could pay more. However, the employer should look to see if the LCA is really correct as to the wage level, and possibly even the job category. If it was set at a level that was not...
Answer The problem will not go away by applying elsewhere. The 221(g) refusal will show in the system, and has to be mentioned on the visa application anyway. I would suggest getting some input and assistance from Murthy Immigration Services, Pvt. Ltd., our affiliate in Chennai,...
... The H1B petition was based on my previous degree in computer science. Unfortunately, the USCIS denied the change of status request saying that I violated my F-1 status because my employment did not meet the CPT requirements. My employer tells me that I am...
Answer The EB1 category has historically always been current. Thus, the processing time should just be standard I-485 processing time - maybe 6 months or so. It shouldn't take anything close to 3 years, unless there is some problem. The lawyer should follow up with the...
Answer The individual does not have the ability to "keep" or "cancel" an H1B petition. H1B status is only held in the U.S., and the H1B petition is the employer's petition. The time spent out of the U.S. doesn't count toward the 6-year limit. So, the...
Answer Yes, we have requested cross chargeability in such situations when filing the I-485. The I-485 for husband / wife have to be filed together in these cases, with a request for cross chargeability. This can cut years of waiting time for Indian nationals. (06.Oct.2014)In frequent...
Answer The USCIS is required to process EAD applications within 90 days. At this time, the USCIS is somewhat delayed with EADs, so it is taking the full 90 days (or a bit more). But, EAD/AP requests should generally be processed without delay, even if the...
... 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...
