Answer Theoretically, a person can travel to the U.S. on a B-1/B-2 visa even after an I-140 approval. But, even if one has a B-1/B-2 visa already, it is likely that problems could occur at the POE due to immigrant intent. If one tries to apply...
Answer Automatic visa revalidation is used all the time to return from Canada / Mexico. If the requirements are met in terms of holding a valid nonimmigrant status and being eligible to reenter in a valid status, it is usually pretty simple. Of course, there are...
... I have a pending H1B petition based on my IT degree for the start date of October 1st. If my petition is approved and my F-1 status changes to H1B on that date, can I still be attending school as I really want to...
Answer It is the I-485 that must be pending for at least 180 days in order to utilize the AC21 green card (GC) portability provisions. Otherwise, it would be necessary to start the GC case all over again, with only the priority date retention available from...
Answer It is potentially possible to get a second H1B approval without joining the first employer that filed under the cap. But, for various procedural reasons, we normally do not file these cases before October 1st. If there is need for a change in employer, it...
Answer The H1B requires a labor condition application (LCA). This is not the same as a PERM labor certification (LC). The PERM LC is required for the green card. The H1B LCA takes about seven business days for the U.S. Department of Labor (DOL) to process....
Answer Yes, the extensions often do contain the same I-94 number as the earlier approvals. As long as the start and end dates are correct, it is generally fine. (14.Jul.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer If you do not leave the U.S. before October 1st, your spouse will only be able to apply for the H-4 visa when your status changes from F-1 to H1B. If you decide to travel before October 1st, you will need an H1B visa 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...
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 a position as an engineer, it would be...
