Answer: If an individual has a master's degree from an accredited, not-for-profit U.S. university, that information is included with the H1B petition, and the case can be filed against the advanced-degree (or master's) cap. However, it is important to verify that the master's degree is from...
Answer: The I-140 petition is specific to the job offer, as described on the underlying labor certification. The case, at this stage, is job specific and employer specific. In order to proceed with a green card case for an engineer position, it would be necessary to...
Answer: Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140's PERM application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...
... However, instead of starting employment, I decided to enroll in a second master’s program of study, from which I graduated three months ago. Before graduation, I applied for OPT again, since I did not use my OPT approval after my first degree. The USCIS...
Answer: There is no specific restriction on the number of maternity leave weeks during which an H1B would still be considered to be in status. HOWEVER, it is important to look at existing employer policies, legal requirements (FMLA) and general U.S. standards. Any time claimed as...
Answer: In such situations, we first check to see if there is any option to recapture time spent abroad. H1s can get back all time spent outside of the U.S. and add it back in to their six year period. If that has been done already,...
Answer: Yes, if the PERM was filed in time to qualify for the H1B extension under the 365 day rule, it is possible to obtain the extension even if the I-140 has been denied, as long as there is a pending MTR or appeal. The MTR...
Answer: In the example given, it should be possible to request more H1B time based upon an approved I-140 with an unavailable priority date. These cases are not filed against the cap and, thus, can have immediate start dates. With the dates given, there would be...
... of the petition my employer filed on my behalf. Unfortunately, the H1B petition was denied because of the lack of evidence about the employer / employee relationship. I would like to continue to maintain status in the U.S. What should I do to stay...
Answer: If the I-140 priority date is not current, it is possible to get three-year extensions beyond the six-year limit with ANY employer. Thus, if the new employer requests three years, and can show the USCIS that the employer-employee relationship will extend for that three year...
