PERM FAQ Archives • Page 4 of 4 • Kidambi & Associates, P.C.

My daughter is in college and has filed for adjustment of status as my dependent, What documents do I have to give the college showing her legal presence?

kidambil2018-03-02T21:47:54+00:00Mar 2, 2018|

Please direct the school to the following regulation: 8 CFR PART 1274a-CONTROL OF EMPLOYMENT OF ALIENS \ § 1274a.12 Classes of aliens authorized to accept employment\ § 1274a.12(c) Classes of aliens authorized to accept employment. (9) An alien who has filed an application for adjustment of status to lawful permanent resident pursuant to part 245 [...]

I came to the country about 10 years ago with a C1-D Visa. I lost my status. My mother became a Permanent Resident 2 years ago and I applied for adjustment of status but was rejected due to ineligibility. Can I apply for F-1? What are my options?

kidambil2018-03-02T21:46:49+00:00Mar 2, 2018|

Unfortunately, crewmen are not able to apply to the U.S. Citizenship and Immigration Services (USCIS) to change status, adjust status, or extend their stay in the U.S., under immigration law. Overstaying comes with added complications. You are not eligible for adjustment in your situation. Leaving the country for an F-1 (requires nonimmigrant intent and the [...]

Can I Switch to F-1 and seek Adjustment later when dates become current for my I-485?

kidambil2018-03-02T03:44:53+00:00Mar 2, 2018|

There is a requirement that individuals in F status maintain a foreign residence that they have no intention of abandoning. In other words, they cannot intend to immigrate while in F status. Since you already have an immigrant petition approved on your behalf, you have expressed your intention of becoming a permanent resident. This may [...]

Can I extend my H-1B visa while my Application to Adjust Status is pending?

kidambil2018-03-02T01:03:55+00:00Mar 2, 2018|

On June 1, 1999, the Immigration and Naturalization Service published an interim rule at 64 Federal Register 29209. The rule amends the previous Service policy statements regarding the eligibility of H-1 and L-1 [there is a move to extend this to F, E and O visa holders] non-immigrants, and their dependent family members, to maintain [...]

I will be finishing 6 years on H1B. I have a pending PERM application filed in less than 365 days ago. Can I extend my H-1B status?

kidambil2018-03-02T01:01:31+00:00Mar 2, 2018|

I assume you cannot file your Adjustment Application due to retrogression. The only way to obtain an extension would be to premium process your I-140, Immigrant Petition and use the approval to apply for an extension pursuant to §104(c) of AC-21.