Answer If the case is filed prematurely and rejected, this would not prevent the I-140 from being used again for a later I-485 filing. The worst that could happen, other than wasting money and effort, is either (a) the case is wrongly accepted and denied later...
Answer Things are rather chaotic right now. October is the first month of a new fiscal year, so final action (FA) dates WILL move within the next 12 months. What is unknown is how much they will move and precisely when. We are hoping that the...
Answer H1B workers are generally allowed to work for up to 240 days based upon a pending, timely filed H1B extension request. This timeframe is measured from the expiration of the approved H1B. The RFE does not change this rule. (28.Sep.2015)In frequent sessions of our Chat,...
Answer Yes, an H-4 dependent can stay in the U.S. while the H1B travels for routine personal or business travel. What is not allowed is what is referred to as "parking" dependent family members in the U.S. after the primary has left the country for good...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
Answer Yes, the USCIS now allows the filing of the I-485 without an I-693. The USCIS typically then requests the medicals via a request for evidence (RFE). At the Murthy Law Firm, we generally recommend that our clients include the I-693 at the time of filing,...
Answer The answer depends, in part, upon how long the I-140 was pending, as that is part of the CSPA calculation. There are unanswered questions about the impact of the DF chart on the CSPA - but the starting point would be to calculate his CSPA...
Answer The dependent spouse can remain in H-4 status as long as the primary applicant remains in H1B status. The filing of the I-485 doesn't change the H-1/H-4 status, unless the I-485 for the primary gets approved OR the primary starts working on the EAD. (21.Sep.2015)In...
Answer Yes, you can continue attending school in this scenario even if your I-539 application for change of status from H1B to F-1 is still pending after the expiration of your H1B I-94. In that case, you will be in the period of authorized stay pursuant...
... My initial 12-month OPT will end next month, but I am still working on my thesis. Do I need to complete my thesis before I may apply for the STEM OPT extension? Answer An F-1 student who has completed all of his/her program requirements, but for...
