Answer An individual who is eligible for H1B portability generally may begin working for the new employer once USCIS receives and accepts for processing a properly filed, nonfrivolous petition. Portability is not available in every situation, however, and beginning employment before approval carries risk if the...
Answer Brief trips to the United States generally do not interrupt the continuity of qualifying employment abroad. However, days spent physically in the United States normally do not count toward the required one year. The employer should document the employment period with the qualifying entity abroad...
Answer Generally, yes. Unlike the H1B category, the TN classification does not have special immigration provisions that ordinarily require the employer to pay specified filing and attorney fees. Any repayment arrangement or payroll deduction still must comply with applicable employment and wage laws. (29.Sep.2026) Sheela Murthy and...
Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...
Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...
Answer If the new rule takes effect as scheduled, an F-1 student who departs the United States after September 15, 2026, generally may be readmitted under the new fixed-period-of-admission framework. If admitted, the student may receive an I-94 with a specific admit-until date rather than D/S....
Answer Generally, no. Under the new rule's transition provisions, an F-1 student who is maintaining valid duration-of-status admission when the rule takes effect on September 15, 2026, ordinarily will not automatically receive a new date-specific I-94 on that date. However, this transition protection will be limited....
Answer Under the new rule, an F-1 student who needs additional time generally may request an extension of stay from the U.S. Citizenship and Immigration Services (USCIS). This may require a Form I-20 issued or endorsed by the designated school official, a timely extension application, the...
Answer No. Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, the Form I-20 and the I-94 will serve different purposes. An F-1 student admitted under the new rule will need to maintain a valid Form I-20 and comply with all...
Answer If a person is applying for naturalization under the five-year rule, rather than the three-year rule based on marriage to a U.S. citizen, a pending divorce would generally not prevent approval of the N-400 application. (04.Aug.2026) Sheela Murthy and other senior attorneys provide guidance that clarifies...
