Attorney The I-140 does not get ported to a new company. The I-140 employer petition is company specific. The exception to this is in a case where there is a sufficient connection between the companies OR the I-485 has been filed / pending for at least...
... Today, my employer received a request for evidence (RFE), issued by USCIS, on the pending H1B petition. My employer is now saying that it is unlikely that my H1B petition will be approved. Can I apply for the 17-month STEM extension of my OPT...
Answer There are some complexities here and there can be serious problems with respect to the cap if the H1B is revoked before Oct 1st. Thus, while job changes on OPT are possible before Oct 1st, it is important to get some case-specific advice about the...
Answer It is normally possible to obtain an H1B cap-exempt approval in the situation described. The old H1B is not reactivated. An employer must file again, but the filing can be made as cap exempt, with eligibility for the unused time in the initial six-year period....
AnswerYes, the change of jobs does not invalidate the H-4 EAD. The EAD is not directly tied to the H1B job. (08.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
Answer It is not necessary for both husband and wife to apply for the H1B/H-4 visa 'stamping.' If only one person needs or wants the visa stamp, the other can stay in the United States. (08.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer A student who applied for reinstatement must be "currently pursuing, or intending to pursue, a full course of study in the immediate future at the school which issued the Form I-20." Generally, students in F-1 status still would be considered to be maintaining a full...
Answer No, the EAD must be APPROVED in order to authorize employment. The same is actually true even when filing to extend the EAD after the initial approval. (i.e. Once the existing EAD expires, one may not work until the new EAD is issued.) (01.Jun.2015)In frequent...
Answer The I-140 itself is employer-specific and job-specific. The only time that the PERM can be "transferred" to a new employer is when there is a suitable connection (i.e. successor in interest) between the sponsor and a different company. This happens with mergers etc. Otherwise, if...
AnswerIf the I-140 was approved after the educational issue was raised and argued, the matter should be closed. If you meant to ask about the adjustment of status (i.e. green card), rather than the naturalization process, the validity of the I-140 can be a concern....
