16 Apr 2018

I’m in H1B status right now, but want to move to F-1 status to get a master’s degree. When I’m done with that program, can I then return to H1B status?

Answer One generally could change status to F-1 student, complete one's education, and then have an employer file an H1B petition to "recapture" the remainder of the 6 years of H1B time. (16.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

16 Apr 2018

Last year, I changed status to H1B, so I am in valid status, but I don’t have an H1B visa stamp. I will soon be visiting a friend in El Paso, Texas. Will not having a valid H1B stamp be a problem?

Answer A visa foil (commonly referred to as a "stamp") is an entry document. As long as one remains in the U.S., there generally is no need to have a valid visa.That being said, border cities, like El Paso, sometimes have border patrol checkpoints. El Paso...

09 Apr 2018

My application to change status from H1B to F-2 is currently pending. Can a new employer file an H1B for me while the COS is still pending?

Answer This would be possible, yes. However, the last approval to take effect would govern one's status, so this requires caution. You probably should consult with an attorney before proceeding with this. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

09 Apr 2018

I am unable to get a birth certificate. Can I use affidavits instead for my I-485 application?

Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

02 Apr 2018

My application to become a U.S. citizen is pending, and my green card will soon expire. Citizenship is in process, if green card expires, is there a quick process to get a temporary extension on green card?

Answer Ordinarily, if your green card is going to expire within six months of applying for naturalization (form N-400), you are expected to also apply for an I-90 (green card renewal). If you have applied for naturalization more than 6 months before the expiration of your...

02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

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