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About Attorney_20

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  1. Attorney_20

    H1B vs. EAD Work Authorization

    Generally, an Extension of Stay can only be approved if it was filed before the current I-94 card expired. USCIS will most likely deny the application. In that case, your wife may need to travel to home country to apply for an H-4 visa. Also, please note that she is probably unlawfully present in the U.S.since October 12, 2015 (i.e., the date after her I-94 card expired). Being unlawfully present for 180 days or more can make her subject to a bar from reentry into the U.S. You should speak with an immigration attorney about this case.
  2. Attorney_20

    Multiple H1B Petitions

    The law states that an employer or “related entities (such as a parent company, subsidiary, or affiliate)” “may not file, in the same fiscal year, more than one H1B petition on behalf of the same [cap-subject beneficiary]...” unless there is “a legitimate business need” for a “materially distinct employment position.”
  3. If a school issues CPT in your first year, it could create immigration status problems for you even though the school is authorized by DHS / ICE to provide such work authorization: http://www.murthy.com/2014/11/12/factors-for-f-1-students-to-consider-in-selecting-a-college-or-university/
  4. Attorney_20


    You may qualify for EB1 depending on the impact your work has had on the industry and how you have been recognized (nationally or internationally) in your field of expertise. You can definitely pursue multiple green card cases simultaneously.
  5. Attorney_20

    H1B Amendments

    Regardless of the location, this may be considered a "material change" requiring an amendment since the project changed.
  6. Attorney_20

    Exceptional Ability: Do I Qualify?

    This may be possible if your experience abroad was in a managerial / executive capacity supervising other professionals. Please contact an immigration attorney to discuss your specific situation.
  7. Attorney_20

    Exceptional Ability: Do I Qualify?

    Depending on your education and whether you have an employer sponsor, an EB2 exceptional ability and possibly a National Interest Waiver may be options for you to explore but you should discuss your case with an immigration attorney.
  8. Attorney_20

    Exceptional Ability: Do I Qualify?

    Exceptional Ability is defined as a skill set that is "significantly above" similarly employed professionals in the industry. One of the most important parts of a successful EB-2 Exceptional Ability case is explaining the impact the beneficiary's accomplishments / achievements have had on the relevant industry.
  9. Attorney_20

    Am i Eligible to EB2?

    Your sponsoring employer may be able to file an EB2 case for you. An immigration attorney can help make sure the labor certification is prepared correctly and that the employer is properly articulating the job requirements in the green card case.
  10. Attorney_20

    Am I eligible for EB2 or EB3 ?

    You may be eligible for EB2 but the job you are being sponsored for must have EB2 level education and experience requirements for which you are qualified. An immigration attorney can help you and your employer identify these issues and make sure the right kind of green card case is filed.
  11. Attorney_20

    H1B Amendments

    You should speak to an immigration attorney. It sounds like you moved to a new work location prior to the filing of an H1B amendment. Was a certified LCA posted at the new work location before you moved to client B? If not, USCIS may deny your extension of stay request for failure to maintain nonimmigrant status. However, the H1B petition could still be approved for consular processing. Your family may want to wait until your new H1B petition is approved before they apply for H4 visas. In any event, you should speak to an attorney.
  12. Attorney_20

    "When Should I Start My Greencard Process"

    There may be a prevailing wage issue with the company. The DOL determines the Standard Occupational Classification (SOC) code based on the job description and wage level based on the minimum education and experience required.
  13. Attorney_20

    H1B Amendments

    If the project itself has changed, USCIS would likely view this as a "material change" requiring an H1B amendment to be filed now.
  14. Attorney_20

    H1B Amendments

    You have a spouse in H-4 status? If so, your spouse needs to apply for an extension of H-4 status also by filing a Form I-539 with the filing fee before the current H-4 status expires.
  15. Attorney_20

    "When Should I Start My Greencard Process"

    If you file a dependent I-485 application based on your husband's green card case, it will be based on his priority date. But your principal green card case will only be based on your priority date(s).