30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

30 Nov 2023

I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...

22 Nov 2023

Overview of Temporary Protected Status

When conditions in a foreign country temporarily prevent the country's nationals from returning home safely, the United States may designate that country for temporary protected status (TPS). TPS allows a national of a designated country who is present in the U.S. to remain in the...