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27 Jan 2017

I initially entered the U.S. in B-2 status as a visitor. I recently filed an application to change status (form I-539) to F-1 student for a program of study starting next month. …

... My B-2 expires in a few days. I know I should not start my program of study until the USCIS approves my request for change of status to F-1. If the USCIS does not approve my F-1 status by the start of my program...

18:53 / B-2 / F-1 / FAQs / Student / Visitor
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26 Jan 2017

221(g) Administrative Processing Refusals for H1B Visa Applicants

There are three typical outcomes for visa applicants at U.S. embassies and consulates overseas: approval, outright refusal, or refusal under § 221(g) of the Immigration and Nationality Act (INA). A 221(g) refusal - commonly referred to as "administrative processing" - generally occurs for one of...

12:53 / Consulates / For Employers / H1B / NewsBrief / Worker
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25 Jan 2017

NewsFlash! Trump Signs Executive Orders Related to Border Wall and ‘Sanctuary Cities’

Earlier today, President Trump signed two immigration-related executive orders. The first calls for construction to begin on a border wall between the United States and Mexico. The second order serves to withhold federal funding from so-called "sanctuary cities" - that is, U.S. municipalities that do...

20:25 / Citizen / For Individuals / NewsBrief / USCIS News
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25 Jan 2017

DHS Proposes Massive Increase in EB5 Investment Requirements

The U.S. Department of Homeland Security (DHS) published a proposed rule, on January 13, 2017, in the Federal Register, that would make a number of modifications to the employment-based, fifth preference (EB5) immigrant investor program, including a massive increase in the minimum investment required to...

13:15 / EB5 Investor / Employment Based / For Individuals / Investor / NewsBrief / Resident
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23 Jan 2017

Can I travel between the U.S. and Puerto Rico while in H1B status, even though I don’t have a valid visa stamp?

Answer Puerto Rico is a U.S. territory. This generally would be considered domestic travel, and one typically would not need a valid visa "stamp;" just a valid ID to board the plane is all that normally would be needed. (23.Jan.2017)In frequent sessions of our Chat, Sheela...

19:33 / FAQs / For Individuals / Travel
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23 Jan 2017

My I-140 is approved and my priority date is current. Can I file for adjustment of status on my own, or do I need to go through my employer?

Answer To file for AOS, there must still be a valid offer of employment from the I-140 sponsor (and normally an updated offer of employment letter to submit with the I-485.) In most circumstances, if the I-140 position is not still available, the I-485 cannot be...

19:26 / Employment Based / FAQs / Resident
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23 Jan 2017

I worked for 1 year in H1B status, and then went back to my home country in 2001. Can an employer file a cap-exempt H1B now to reclaim the remaining 5 years?

Answer Based upon the most recent guidance, there appears to be no time limit to reclaim H1B time. So, this should be possible. (23.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

19:23 / FAQs / Worker
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23 Jan 2017

My H1B was approved through a nonprofit organization. Would it be possible for me to now transfer to a regular, for-profit company?

Answer It depends upon whether the H1B was filed through a cap-exempt employer. Just because a company is a nonprofit, does not automatically make it cap-exempt; rather, this only applies to universities and their nonprofit affiliates, as well as government and nonprofit research institutions. Assuming the...

19:20 / FAQs / Worker
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23 Jan 2017

February 2017 Visa Bulletin Check-In: Explanations and Predictions

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), supplies visa bulletin explanations nearly every month. This month's update regarding the February 2017 Visa Bulletin provides insights and predictions related to several backlogged categories; unfortunately, many of...

13:25 / AOS/CP / Employment Based / NewsBrief / Resident / Visa Bulletin
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19 Jan 2017

Israeli Citizens Soon to be Granted Access to E-2 Treaty Investor Visa

After years of having to overcome various bureaucratic hurdles, it appears that Israeli citizens are on the verge of being granted access to the E-2 (treaty investor) visa. According to the Israel-America Chamber of Commerce, the U.S. and Israeli governments at last have reached a...

13:49 / For Individuals / NewsBrief / Worker
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