Answer Yes, generally speaking, an application to extend H-4 status may be filed while the principal spouse has a pending H1B change of employer. (14.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
The U.S. Citizenship and Immigration Services (USCIS) is scheduled to publish a final rule on August 14, 2019 that will greatly expand the categories of public benefits looked at to determine whether a foreign national may be deemed a public charge (i.e., a person who...
It is fairly common for dependents of a nonimmigrant worker to file an application to extend / change nonimmigrant status (form I-539) concurrently with the principal spouse's petition for a nonimmigrant worker (form I-129). Historically, if the I-129 was filed with a request for premium...
Answer One who has timely filed for a change or extension of status normally would be permitted to remain in the U.S. until a decision on the application is issued. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
In a recent letter to Congress, several organizations, including the American Bar Association (ABA) and the National Association of Immigration Judges, called for the creation of immigration courts that are independent from the U.S. Department of Justice (DOJ). These groups cited the conflict of interest...
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...
The U.S. Department of Homeland Security (DHS) is scheduled to publish in the Federal Register a final rule related to the employment-based, fifth preference (EB5) immigrant investor program that will dramatically increase the minimum investment requirements, among other changes. The final rule will apply only...
Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...
Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...
The U.S. Citizenship and Immigration Services (USCIS) has announced an upgrade to its online tool, the Freedom of Information Act Immigration Records System (FIRST). FIRST now allows stakeholders to make Freedom of Information Act (FOIA) requests online for certain documents. Background FOIA, which went into effect in...
