Answer If a person qualified under EB1, the fact that they had an approved EB2 I-140 would not prevent the EB1 filing. The EB2 I-140 does not necessarily even contradict the EB1 filing for an outstanding professor / researcher. It could be the exact same position,...
AnswerEmployers are not supposed to file two PERM cases for the same employee at the same time. Filing at the same time means both will be pending with the DOL at the same time. So, simply choosing a different title/category isn't going to help. It...
Answer No, there is not a notification that goes from the USCIS to one's employer when a new company files an H1B case. The H1Bs aren't "transferred," so the approval of the new employer's case doesn't disrupt the current employer's case. There is no communication from...
... The H1B petition was approved, but I continued working on OPT and did not leave the U.S. to apply for the visa. A few months ago, I applied for a STEM extension and the USCIS issued an RFE, saying that my SEVIS record was...
Answer Yes, if there is a change of employer prior to the I-485 filing, it is necessary to start the GC case over again with the new employer. The only thing that is kept from the previous GC case is the priority date, which can be...
Answer Yes, the EAD provides unrestricted employment authorization. So, an L-2 spouse with an EAD can accept any type of job and/or start a business in the U.S. (19.Jan.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer There is no way to expedite or premium process PERM cases. A year is a long time unless there has been an audit - the PERM processing time information on the DOL iCert website is usually pretty accurate. The lawyer should just make sure that...
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,...
