13 Jul 2023

Updated Guidance on I-140 EAD Based on Compelling Circumstances

The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance for an employment authorization document (EAD) based on compelling circumstances for a person who has an I-140 immigrant petition approval. The updated guidance explains the eligibility criteria for a compelling circumstances EAD, gives examples...

13 Jul 2023

Last year, I was laid off by my H1B employer, so I returned to my home country. The employer withdrew my H1B petition and, on the USICS website, it shows that my petition has been revoked. I recently got a job offer and the H1B petition was approved. Can I enter using my existing visa stamp?

Answer Typically, if an H1B visa "stamp" is facially valid / unexpired, it can be used, along with an approved H1B petition, to request admission in H1B status. The fact that the previous petition has been withdrawn by your prior employer normally would have no impact...

13 Jul 2023

I am a naturalized U.S. citizen. My father is ill, and I am going to travel back to India to take care of him. I may be gone for an extended period. Do I have to inform the USCIS?

Answer An extended stay abroad normally would have no impact on one's status as a U.S. citizen. There is ordinarily no need to notify the USCIS of travel abroad, even if it will be for an extended period. (13.Jul.2023)Sheela Murthy and other senior attorneys provide guidance...

13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

28 Jun 2023

I was just laid off from my H1B position. I hope to find a new H1B employer before the end of my grace period. If I don’t, I will apply for a change of status to B-1/B-2. By what date do I need to file the I-539? Do I need to get the receipt notice before the end of my grace period?

Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...