Elizabeth Leigh Anne Garvish’s Answers

Elizabeth Leigh Anne Garvish

Atlanta Immigration Attorney.

Contributor Level 4
  1. Is it legal to stay on H1 RFE with i-94 Expiration??

    Answered almost 2 years ago.

    1. Elizabeth Leigh Anne Garvish
    2. Deborah Lynne Karapetian
    3. Chong Hae Ye
    3 lawyer answers

    If you were in valid nonimmigrant status when you filed your H-1B change of status, then you may stay in the U.S. until the case is adjudicated. if you file the H-1B after your L-1 I-94 expired and your extension denied, then you may want to make sure that you leave the country before any unlawful presence begins to accrue. This would occur 180 days after the expiration of your I-94 card. More information is needed to give you the appropriate answer. Please discuss this in detail with an...

    2 lawyers agreed with this answer

  2. I got admission for a pediatrics residency program from a community based university program.

    Answered almost 2 years ago.

    1. Mani Khavajian
    2. Elizabeth Leigh Anne Garvish
    3. Gen Kimura
    3 lawyer answers

    I know it would be much easier to be able to go through your residency training on an H-1B visa rather than a J-1 because you would not have to go through the J-1 Waiver process. However some programs as a matter of policy will only sponsor J-1s for residency. You will need to talk with the program director to clarify this. If this program is where you would like to train, you might reconsider the J-1. Otherwise, you may want to apply to other programs who are willing to sponsor residents...

    2 lawyers agreed with this answer

  3. I am considering a job with minimum requirement of B.S and 8 yrs of experience. I have a MS and 5 Years Exp. Am I EB2 eligible?

    Answered almost 2 years ago.

    1. Ala M. Hamayel
    2. Elizabeth Leigh Anne Garvish
    3. Chong Hae Ye
    3 lawyer answers

    Based on the requirements, this job should qualify for EB-2. The EB-2 category is for positions that require a Master's degree or the equivalent which is a Bachelor's degree plus 5 years experience. The bachelor's degree must be the equivalent of a U.S. four year degree. I hope this helps.

    1 lawyer agreed with this answer

  4. How to make sure a job is "directly related to field of study" in order to comply with OPT regulations.

    Answered almost 2 years ago.

    1. Neil Pedersen
    2. Elizabeth Leigh Anne Garvish
    2 lawyer answers

    The best person to address this question would be the Foreign Student Advisor at your university. Good luck.

    1 lawyer agreed with this answer

  5. PERM filing and Planning for F1 year

    Answered almost 2 years ago.

    1. Stephen D. Berman
    2. Elizabeth Leigh Anne Garvish
    2 lawyer answers

    The F-1 visa is not a "dual Intent" visa like the H-1B. Dual intent allows you to have both nonimmigrant - temporary and immigrant-permanent intent. If you apply for the Change of Status now before your PERM is filed then the issue of intent does not come up. Even if you file the I-539 after the PERM is filed, you still have not affirmatively filed anything with any agency demonstrating immigrant intent - your employer has. I would discuss your intent and the timing of filing of these...