Answer There isn't a specific rule. It is a case-specific judgment call at the port of entry where the officer may take into consideration various factors, including duration and frequency of previous visits. Typically, the recommendation is to wait at least six months abroad following a...
Answer There is no law requiring the use of an attorney for immigration cases. There are, however, many things that can and do go wrong when cases are prepared without proper legal advice. Some companies do H1Bs internally, but very few try PERMs on their own....
Answer The beneficiary of an I-130 petition is not automatically prohibited from entry on valid a valid B-1/B-2 visitor visa. That being said, U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign...
Answer It is risky to leave the initial sponsoring employer prior to the 180-day mark. Simply filing the H1B would not automatically result in the loss of the I-485. But, if one does not plan to return to the sponsoring employer upon issuance of the green...
Immigration law is highly complex, often considered on the level of federal securities law or tax law in its intricacy and complexity. Misunderstandings are common and, frequently, get mixed in with helpful tips exchanged online and elsewhere. A common misconception is a mythical grace period...
... My pre-completion OPT, however, has been approved until the end of the next term. My DSO told me that my early graduation will result in a termination of my pre-completion OPT. Can I apply for post-completion OPT now? Answer Unfortunately, there is no easy way to...
Congress approved a spending bill this afternoon that will fund the federal government's operations through the evening of Wednesday, December 16, 2015. President Obama is expected to sign the bill into law later this evening.This bill delays a possible government shutdown, at least for a few...
In response to the recent attacks in Paris by ISIS operatives, the U.S. House of Representatives voted to tighten the visa waiver program that allows travel to the United States by citizens from 38 nations. Passed by an overwhelming margin of 407 to 19, with...
The U.S. Department of State (DOS) released the January 2016 Visa Bulletin. The dates for filing (DF) chart remains virtually unchanged in the employment-based categories. As expected, however, there is some movement in the final action (FA) chart. For those born in India, the cutoff date...
The Office of Foreign Labor Certification (OFLC) has been considering the steps needed to improve the PERM labor certification (LC) process. These efforts are a response to President Obama's executive action seeking to improve the immigration process. The OFLC, which is part of the U.S....
