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11 Feb 2019

My I-140 was just approved. Can I keep this priority date if I leave the U.S. and do not return until my priority date becomes current? Could I use that priority date with an I-140 filed by a different employer?

Answer Once the I-140 is approved, the priority date is "cemented" and will be retained for future I-140 approvals with different employers. Only revocation of the I-140 by the government (as opposed to withdrawal by the employer) can result in loss of the priority date; this...

11:42 / Employment Based / FAQs / For Individuals / Resident
11 Feb 2019

The USCIS online system shows my I-140 was approved, but I do not have a copy of the approval notice. If I apply to extend H1B status beyond 6 years with a different employer, do I submit a copy of the actual approval notice?

Answer It generally is possible to print out the case status result from the USCIS website, and submit this printout as proof that one has an approved I-140, and therefore qualifies for an H1B extension beyond 6 years. (11.Feb.2019)In frequent sessions of our Chat, Sheela Murthy...

11:39 / Employment Based / FAQs / For Employers / For Individuals / Resident
04 Feb 2019

I am a U.S. citizen. Is it possible to sponsor my fiancé from Nigeria even though we have never met in-person?

Answer Normally, to be eligible for a K-1 visa, the couple must have met physically within two years prior. There are exceptions in which this is impermissible culturally, but these cases generally are difficult to get approved by the USCIS. (04.Feb.2019)In frequent sessions of our Chat,...

08:51 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
04 Feb 2019

I was recently laid off from my H1B position. If I find a company to file an H1B change of employer for me within my 60-day grace period, will I have to provide any special paperwork to show I’m in the grace period?

Answer Typically, if an H1B change of employer is filed during the 60-day grace period, no "special" paperwork would be required. As with most any H1B petition requesting status, one should provide evidence of having maintained status; if filing during one's grace period, such evidence may...

08:40 / FAQs / For Individuals / Worker
04 Feb 2019

The USCIS made an error in denying my I-485 application. The denial indicates that my priority date was not current when I filed the I-485, but the USCIS is mistaken. What do I do?

Answer The normal strategy in this situation would be to file a motion to reopen within 30 days of the decision. One may be "unlawfully present" in this scenario, so time is of the essence. One should discuss the situation in detail with an experienced immigration...

08:35 / FAQs / For Individuals / Resident
28 Jan 2019

I have a pending adjustment-of-status application and have been issued a combination Employment Authorization Document and Advance Parole card. Can I take a vacation cruise to other countries and return to the United States?

Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...

11:31 / FAQs / For Individuals / Resident / Travel / Worker
28 Jan 2019

I am in the United States in H1B classification. My employer has filed an amendment of my H1B petition. Can I travel while my H1B amendment is pending?

Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....

11:26 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...

11:12 / FAQs / For Individuals / Student / Visitor / Worker