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About Attorney_15

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  1. Attorney_15

    H1b Renewal and RFE, help needed

    What additional evidence is possible can vary based on the specifics of the job, the employer, the industry and / or the end-client.
  2. Attorney_15

    AC-21 with different SOC codes

    The law provides that one can qualify for AC21 with a job in the same OR similar occupational category. USCIS guidance has stated that with an explanation the range of categories may vary more (or it could vary less), but it will depend on the facts. One can certainly submit the I-485J and wait for approval before leaving the existing job. The I-485J does require that the new employer sign off, so such a plan of action would involve the consent of the new employer to waiting.
  3. Although the EAD provides the flexibility to work for multiple employers, the Green Card and AC21 portability requires one full-time job offer of employment in the same or similar occupational classification as the original job offered. One can have other jobs as well, but the AC21 job is necessary because of the I-485.
  4. Attorney_15

    EB1C portability

    There is no AC21 Green Card portability to 'port' the I-140 if there is no I-485 filed. However, if at least 180 days have passed from approval of the I-140, the priority date can transfer to another I-140. However another employer would likely have to through the Labor Certification process before moving on to the I-140 stage.
  5. While SOC 00-0000 is a novel choice, the USCIS is unlikely to take that to mean there is no restriction. The SOC Code on an EB1C petition is selected by the petitioner, unlike in an ETA Form 9089 case when the DOL selects the code. It is unwise for one with such a code as 00-0000 to not follow the AC21 statutory language of "same or similar occupation classification." It would be a safer move to compare one's new potential job offer against the job profile of the I-140 petition.
  6. It is always safest to wait for the approval of the I-140 before using AC21 Green Card portability. The I-485J is actually filed by the I485 Applicant and they can use any attorney to represent them. It is the Applicant's form to file with part signed off by the Applicant and part by the new employer verifying the job offer. It is generally good practice to have a complete copy of one's I-485 Application, the I-140 and LC when moving on to another job. Sometimes it is possible to get these thru a FOIA request if the employer is unwilling to provide them.
  7. Attorney_15

    H1B Extension - Only 1 week remaining for 240 Days Period

    In such situations it is often helpful to speak with an immigration lawyer who can evaluate a person's situation to provide advice on how to deal with a situation.
  8. Attorney_15

    H1B renewal impacted due to coronavirus

    Generally, it is possible for an employer to file an H1B Petition for Consular Processing for additional H1B time for a worker who has been counted against the cap. The particulars of how to do so and how long processing will take should be reviewed with an attorney. The point to be mindful of is that premium processing is not available for any petitions. While USCIS did not explain the reason, it is likely because the Service Centers are continuing to operate despite having staff out sick due to COVID19.
  9. Attorney_15

    H-1B Visa Initial Selection Process Completed

    Under the new registration process USCIS has stated that they will notify everybody who has been selected by March 31, 2020. The company who submitted the registration will either have the status changed to selected or it will remain submitted (or denied if found to be a duplicate). USCIS is not expected to notify the person for whom the registration was submitted.
  10. Attorney_15


    Generally, if someone cannot maintain their status their obligation is to leave the United States. There is generally no exception for a bad economy. One can certainly file a change of status application for status because of an inability to travel. However, it is unclear how USCIS will treat an inability versus an unwillingness to travel. In this situation one may wish to consult with an attorney for specific legal advice.
  11. Attorney_15

    SOC Code change with new employer

    H1B Classification requires that the sponsored job be one that requires a related Bachelor's Degree that the beneficiary holds. There is no requirement that a change of employer petition be filed for a job using the same occupation code that a separate employer is using for their own job.
  12. If an H1B petition is an extension without change then employment extends for 240 days past the I94 expiration date. Generally, though, if the extension petition is for a change in employment, then work authorization extends to the end date requested on the I-129. The 240 day rule does not generally apply to change of employer petitions.
  13. Attorney_15

    Corona travel - EAD

    F-1 unemployment rules still apply when someone travels so being outside the United States for an extended period of time could impact the ability to maintain F-1 status and potentially lose someone eligibility to return to the U.S.
  14. Someone in the United States in B status can apply for an extension of that status before the I-94 Card expires. Because it is B status, the I539 can only request 6 months. It should state the reason being the pandemic. It is important though to calendar a reminder for when the requested/anticipated 6 month period will end. Even if the I539 is not approved yet because it is still pending, the Applicant should either leave the US no later than the requested end date or file another I539 for an additional extension of 6 months because of the pandemic if that is the reason. Given that USCIS is still operating but may have reduced staff, preparing for the I539 to still be pending for 6 months is important. USCIS is operated by people who can get infected with COVID-19. This could slow down processing.
  15. Attorney_15


    The employer should contact DOL via their Helpdesk about not receiving the original of the PERM.