The U.S. Department of State (DOS) is temporarily making it much easier for many nonimmigrant visa applicants to qualify for a waiver of the in-person interview requirement. Commonly referred to as the "drop box" process, the rule expanding eligibility is scheduled to remain in effect...
Answer Yes. A pending H-4 change-of-status application ordinarily would have no impact on one's existing H1B status. As long as the individual remains in valid H1B status, it typically is permissible to continue working for one's H1B employer. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance...
Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if...
Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
As of November 8, 2021, in order to board a flight bound for the United States, foreign nationals are generally required to provide evidence of being fully vaccinated against COVID-19. Additionally, irrespective of citizenship and vaccination status, all air passengers ages 2 or older must...
For many years, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, has been providing monthly visa bulletin explanations and predictions. He is scheduled to retire in December 2021, but he did make the time to provide some...
Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...
The U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance, to revise the rules regarding employment authorization for E, L-2, and certain H-4 nonimmigrant dependent spouses. The new policy is especially beneficial for E and L-2 dependent spouses, who no longer need to apply...
Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...
Answer No, it does not appear that admission will be granted based on an NIE issued during the COVID travel ban. The executive order does not specifically address this question, but a number of consulates have confirmed that the NIE program has been rescinded and replaced...
