Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
The U.S. Citizenship and Immigration Services (USCIS) has published several new guides aimed at attracting STEM professionals to the United States. The publications provide overviews of nonimmigrant and immigrant visa options for foreign nationals to work in STEM fields in the U.S. Overview of STEM Guides The...
Over the weekend, the U.S. Citizenship and Immigration Services (USCIS) began sending out non-selection notices for registrations not selected in the first – and apparently only – lottery for fiscal year 2023 (FY2023). As of the time of this writing, the USCIS has not officially...
For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...
Answer Yes, a person in L2S status has unrestricted work authorization. This allows the individual to work for multiple employers, be self-employed, etc. (18.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer As a general rule, a consular officer will not automatically cancel a B-1/B-2 visa based on the fact that the individual has been issued an H1B visa. (18.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer Yes, the fact that you did not file an I-485 based on the old I-140 within one year normally would not impact your ability to retain the priority date. (18.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
The U.S. Citizenship and Immigration Services (USCIS) recently updated its policy manual to provide additional guidance on evidence that can be used in support of O1A petitions. The O1A nonimmigrant visa category is reserved for individuals who possess extraordinary ability in the sciences, arts, education,...
Generally, a foreign national is limited to a maximum duration of stay of six years in H1B status. The law, however, provides a few exemptions to this limitation. Depending on the circumstances, an individual may qualify to extend status in one- or three-year increments beyond...
Answer There does not seem to be much benefit to having an EAD based on one's L2S status. When the policy was announced, granting work authorization to L-2 dependent spouses incident to their status, the EAD was useful while waiting to obtain an I-94 updated with...
