Answer The H-4 COS will be abandoned when one leaves the U.S., but one can apply for an H-4 visa stamp to return at any time (assuming the principal spouse is in valid H1B status). A COS approval is not required to apply for a visa...
Answer There is no set amount of time a person must wait between visits. Whether the person will be admitted, however, is subject to the discretion of the CBP officer at the airport. If the officer is not satisfied that one is truly a "visitor," admission...
Answer One can qualify for OPT after one year of full-time study in any status (as long as s/he is in F-1 status at the time the OPT application is filed). (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer One should consult with a qualified attorney to review one's qualifications. However, two publications generally would not be sufficient to qualify for EB1(a) or EB1(b), unless the publications were extremely influential in the field. (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum today that will dramatically expand the manners in which those in F, J, and M status may begin accruing unlawful presence (ULP).Nonimmigrants entering in F, J, or M status usually are admitted for "duration...
The U.S. Department of State (DOS) released the June 2018 Visa Bulletin. As expected, there is virtually no movement in any of the employment-based categories. Cutoff Dates Virtually Unchanged In the employment-based, second preference (EB2) category, India's cutoff date inches forward to December 26, 2008. This is...
The U.S. Citizenship and Immigration Services (USCIS) has adopted the Administrative Appeals Office (AAO) decision in Matter of S-P-, Inc. In adopting this decision, the USCIS also issued a policy memorandum clarifying that a beneficiary cannot qualify as an employment-based, first preference immigrant as a...
There are a number of different visa options available to artists and entertainers seeking to perform in the United States. The P-3 visa is available to both groups and individuals "for the purpose of developing, interpreting, representing, coaching, or teaching a unique or traditional ethnic,...
Answer Generally speaking, there is no need to withdraw either petition. As long as they were filed by two truly unrelated (as defined by the USCIS) companies, both cases may continue to be processed. If both are approved, you then typically would need to select which...
Answer This is a complicated question. One in this situation should consult with a qualified attorney for individualized advice. It is important to remember that one does not obtain H1B status until October 1st. A withdrawal by the H1B petitioning employer before October 1st likely would...
