Answer It is necessary to be a U.S. citizen in order to file a family-based petition for a parent. Prior to that point, any options one's parents may have are separate from the LPR son / daughter. (19.Jan.2015)In frequent sessions of our Chat, Sheela Murthy and...
Answer There are no rules regarding the amount of time the H-4 can spend outside the U.S. The important issue is to properly file the I-485 while the person is in status, and answer any RFEs etc. It is best to keep the advance parole active...
Answer Normally, a person would not do an interfiling of an EB1 case into an EB2 (or an EB2 into an EB3) unless the "better" category I-140 was approved. So, the EB2 case stays in place until there is something better to use for the interfiled,...
AnswerThe general rule on chargeability is that it goes by place of birth. So, if Indian parents have a child outside of India, that child may grow up and file a GC under her/his country of birth and avoid the Indian backlogs. There are limited...
Answer Priority dates do not generally get retained or transferred in family-based cases. Thus, the FB4 case for the brother would have a priority date based upon when it was filed. The FB3 case through the mother would have a separate, later priority date based upon...
... I have been admitted to my new program of study and the school issued me an I-20 form to apply for change of status. My program starts next week. Can I attend school while my application for change of status is still pending? Would...
Answer It would be possible to have multiple locations of employment and various tasks within the same job specified on the H1B. Whether it is necessary to amend the particular H1B petition depends upon how it was prepared. If there are multiple worksites, this needs to...
Answer The H1B allows employment in the position listed on the petition for the H1B employer, only. H1B workers cannot engage in independent, self-employment - which is what it seems would be involved in creating arts or crafts for the purpose of selling those items. (05.Jan.2015)In...
Answer No, the I-485 must be based on a valid job offer from the PERM / I-140 sponsor. It cannot be filed based on a new employer's job offer, even for a same / similar job. The same / similar job concept is related to AC21...
Answer Everything should be in order with the H1B before the potential H-4 applies for a visa. If there is a change in location, this must be reflected in the LCA. If there is a change in the end client in consulting, the employer needs to...
