04 Nov 2021

Presidential Proclamation Lifts Travel Bans and Imposes Vaccination Requirement

Effective November 8, 2021, the Biden Administration is rescinding the COVID-19 related travel restrictions based on several presidential proclamations. In its place, President Biden has issued a proclamation that requires nearly all nonimmigrant international air travelers to be fully vaccinated against COVID-19 before being admitted...

04 Nov 2021

I filed an H-4 EAD renewal application about 4 months ago. I have heard that the USCIS frequently is taking 1 year or more to adjudicate these applications. Can I sue the USCIS to get them to adjudicate my EAD application?

Answer You can file a writ of mandamus against the USCIS to try to force the agency to adjudicate your case. If the court agrees that there has been an unreasonable delay in adjudicating the case, the judge could order the USCIS to complete its adjudication.That...

04 Nov 2021

My I-485 was approved at the end of October. However, my wife’s I-485 is still pending, and the cutoff date has now retrogressed before my priority date. Can I sponsor her for a family-based green card? Do I have to wait a certain amount of time after getting my GC before I can sponsor someone?

Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...

28 Oct 2021

An employer in the U.S. filed an H1B cap case for me several months ago. At the time it was filed, I was living in India, and the employer asked for the consulate in Hyderabad to be notified if the petition is approved. Now, the petition has been approved, but I am working in Singapore. Can I get my H1B visa stamping done at the U.S. embassy in Singapore?

Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

28 Oct 2021
28 Oct 2021

I was working for Company A on H1B, and then moved to Company B. I have been working here for a few weeks, and now have an offer from Company C. I understand that I am allowed to change to the new employer, but will this create problems for me in the future with USCIS?

Answer There are no immigration rules that prohibit how often a person in H1B status may move between employers. As long as the individual can demonstrate that valid status etc, was maintained, the mere fact that the person moved through multiple employers normally would have no...