12 Sep 2023

Prepare for the October 2023 Visa Bulletin

Have your Priority Date ready to check against the October 2023 Visa Bulletin when it comes out! EB1, EB2, and EB3 immigrants get to use the earliest one. Refresh your understanding of priority dates here....

11 Sep 2023

USCIS Suspends Telephonic Attorney Representation

USCIS policy of allowing an immigration attorney to provide representation at USCIS interviews telephonically was put in place as a safety measure during Covid-19. It appears that this policy has been suspended at USCIS field offices as of August 2023. Although USCIS has not made...

07 Sep 2023

I recently renewed my passport. The tourist visa stamp in my old passport does not expire until 2027. Is there a way to transfer that visa stamp to my new passport?

Answer It ordinarily is not possible to transfer a visa "stamp" from one passport to another. However, an unexpired B-1/B-2 visa in an expired passport normally can be presented at the port of entry along with one's new passport to request admission in B-1/B-2 status. (07.Sep.2023)Sheela...

07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

31 Aug 2023

I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?

Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...

31 Aug 2023

My H1B extension was filed prior to my I-94 expiring. The USCIS issued an RFE on the petition and my employer is responding to it soon. My I-94 recently expired. If the extension is denied, how long of a grace period will I get?

Answer Unfortunately, if the H1B worker's I-94 has already expired by the time the USCIS denies an extension, there generally is no grace period. Rather, the person typically begins to start accruing unlawful presence immediately following the issuance of the denial. (31.Aug.2023)Sheela Murthy and other senior...