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27 Oct 2022

The USCIS recently denied my L1A petition because they said the U.S. position did not appear to be managerial. The U.S. position is very technical, so we now want to reapply under the L1B category. How long do we have to wait after the L1A denial before filing the L1B petition?

Answer There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would...

07:04 / FAQs / For Employers / For Individuals / Worker
24 Oct 2022

USCIS Again Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) announced today that the response time flexibility, initially announced on March 20, 2020, is being extended. This extension applies to qualifying USCIS requests issued through January 24, 2023. Response Time Flexibility The USCIS has extended the response time flexibility for...

12:47 / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / USCIS News
20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student
20 Oct 2022

My wife and I are Canadian, and she is coming to the U.S. to work in H1B status. I work as an engineer for a Canadian company, and my employer allows me to work remotely. Could I work for the Canadian company from the U.S. in TN status?

Answer In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a...

09:36 / FAQs / For Individuals / Worker
20 Oct 2022

I entered the U.S. in B-2 status to visit my daughter. Shortly before my I-94 expired, I applied for an extension, which is still pending. I am now scheduled to leave the U.S. next week, but USCIS just scheduled me for biometrics the week after I leave. Should I reschedule my flight so I can attend the biometrics appointment?

Answer In most situations, there would be no need to stay in the U.S. just to attend the biometrics appointment. Yes, failing to attend the biometrics will likely result in the I-539 being denied. However, if the I-539 was timely filed, and you then leave the...

09:30 / FAQs / For Individuals / Travel / Visitor
13 Oct 2022

I was born in India, but recently became a citizen of Canada. My husband is an Indian citizen and is in the U.S. in H1B status. Do I have to go to the consulate to get an H-4 visa stamp?

Answer Generally speaking, Canadian citizens are visa exempt and do not require an H-4 visa to be admitted in H-4 status. (12.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

08:49 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Travel
13 Oct 2022

My I-140 was approved in the EB2 NIW category. The NIW was approved based on my work related to cancer research and statistical analysis. Am I allowed to move into a different field of research / statistical analysis while my I-485 is pending?

Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one’s qualifications and the benefit prospectively to the United States that is likely to come from...

08:38 / EB2 National Interest Waiver / Employment Based / FAQs / For Individuals / Resident