PERM and Attorney Fee Responsibility
Is it legal for an employer to charge me for PERM or attorney fees?
No. It is illegal for employers to recoup PERM costs, including advertising and attorney fees, from employees. Such contracts are unenforceable.
Is it legal for an employer to charge me for PERM or attorney fees?
No. It is illegal for employers to recoup PERM costs, including advertising and attorney fees, from employees. Such contracts are unenforceable.
Can I change jobs after my I-485 adjustment of status is approved?
Approval requires good-faith intent to stay. If an exceptional opportunity arises later without prior negotiation, taking it usually does not affect your green card.
Where can a college student file Form N-400 for naturalization?
College students are domiciled both at school and their permanent family home, so they may file in either state.
Does remote work while traveling abroad on F-1 OPT count as unemployment?
Standard PTO is not unemployment. For remote work abroad, consult your DSO. If you have no accumulated unemployment, short periods are generally low risk.
Can I switch from STEM OPT to a B-1 visa to stop my unemployment clock?
This is discouraged as it permanently terminates STEM OPT status. The government may question your intent. Consider alternative compensation or cap-exempt H-1B roles instead.
Does section 245(k) protect me if I apply for EB-5 while out of status?
Section 245(k) allows up to 180 days out of status for EB-1, EB-2, and EB-3, but may not apply to other situations. Even one day out of status can cause ineligibility. Avoid withdrawing pending applications as it may raise red flags.
How should we prepare for a marriage-based adjustment of status interview?
Prepare to explain the choice of adjustment of status over consular processing, focusing on convenience. Note that unauthorized work can lead to denial; if denied, a Notice of Intent to Deny (NOID) usually provides time for a response.
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. You can post questions for the call if you are a member of our US Immigration forums. Membership is immediate and lifelong. Walk-ins are also permitted.
Can an individual working for two employers on STEM OPT continue working for both during the "cap-gap" period once an H-1B petition is filed?
Cap-Gap acts as an extension of the current underlying status. If the F-1 STEM OPT status allowed for dual employment, that authorization continues under Cap-Gap until the H-1B takes effect.