Answer There is no grace period for H1B. You only remain in valid nonimmigrant status while you are working for your H1B employer. If your H1B for your new employer had been filed prior to the termination of your H1B employment then you could have remained...
Answer If you are referring to eligibility to file the I-485 application based on the priority dates on the visa bulletin, the USCIS goes by country of birth, not country of citizenship. (31.Aug.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer Yes, a company can start a GC for someone on F-1/OPT. This does not disrupt the F-1/OPT status. But, for people from India, it is normally going to be necessary to change into H1B or some other work authorized status at some point to bridge...
Answer The O-1 category requires demonstration of extraordinary ability. This is a high standard, and has to be proven by extensive documentation of the qualifications, etc. It is not enough to simply be very experienced or good at one's profession. There would have to be some...
Answer The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number...
Answer This isn't a simple question. The change of status from B-1 to F-1 is disfavored. That is why people cannot attend school while that request is pending - unlike other COS to F-1 requests. Further, one cannot enter the U.S. on B-1 with the intention...
... My H1B petition has just been approved with an I-94 for H1B status. I would like to travel back home for a short vacation in the last week of August and come back to continue working on OPT before my status changes to H1B...
Answer A GC holder generally can file an I-130 petition in the family-based, second preference "A" category for a spouse. The timing of this process depends upon the priority date movement. The case cannot be finalized until the PD is current. If the category wasn't backlogged,...
Answer This potentially is a serious issue. H1B status is generally proven by proof of wage payments. If there is no work, there may be an employer "benching" violation. If there is work and the employer is not paying, there would be status and an employer...
Answer The spouse is automatically eligible as a derivative in an employment-based GC case, without regard to the spouse's status. The spouse doesn't have to be "added" to the I-140 or I-485. It is an automatic eligibility, and the spouse just needs to file the...
