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07 Aug 2017

I have an approved I-140 with Employer A, and I am about to complete six years on H1B. Can I file for an H1B change of employer / extension with Employer B, even if the new H1B position is completely different from the I-140 position?

Answer In general, an approved I-140 can be used to extend H1B status beyond 6 years, regardless of the job or employer. (07.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

08:47 / Employment Based / FAQs / For Individuals / Resident / Worker
04 Aug 2017

I have just graduated with a bachelor’s degree in political science in F-1 status. I would like to continue my education and get a master’s degree in my field. Do I need to obtain a new I-20 for this study?

Answer You must inform your DSO of your plans so that you can maintain valid F-1 status. Your DSO must issue a new I-20, based on your admission to the new program, and initiate the change-of-level procedure in SEVIS while you are still in your 60-day...

08:41 / FAQs / Student
31 Jul 2017

I have about one year of H1B time remaining, but the USCIS recently granted me a three-year H1B extension. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS sometimes inadvertently issues an approval for a longer duration than is legally allowed. In general, one should not rely on these USCIS errors, because the USCIS generally will not consider themselves bound by their own mistakes. Assuming you do not qualify for the...

12:50 / FAQs / For Individuals / Worker
31 Jul 2017

I am eligible to apply for U.S. citizenship, but my husband and children will not qualify for another year. Is it advisable for me to wait and apply for the whole family at the same time?

Answer In general, there is no particular benefit for a family to wait to file naturalization applications at the same time, other than the fact that the citizenship interviews generally will be scheduled for the same day. Also, depending on the circumstances, the children may become...

12:00 / Citizen / FAQs / For Families / For Individuals / Immigrant Family / Resident
24 Jul 2017

I have an approved I-140, but I plan on leaving my employer and moving out of the U.S. for the time being. Can I still keep the same priority date if I return to the U.S. in a few years?

Answer Leaving the United States generally would not cause one to lose a priority date. A U.S. company typically could file a new PERM and I-140 for the individual, and transfer the old priority date to the new I-140. (24.Jul.2017)In frequent sessions of our Chat, Sheela...

13:41 / FAQs / Resident / Worker
24 Jul 2017

I was issued a B-1/B-2 visa a few years ago based on an invitation letter from a U.S. company that I no longer do work for. Can I use the same B-1/B-2 visa to visit my brother in the U.S.?

Answer A B visa ordinarily is not sponsored by an employer. With few exceptions, once it is issued, it may be used to request admission for business or pleasure. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

12:56 / FAQs / Visitor
24 Jul 2017

If I move from H1B to H-4 EAD, would I be able to later convert back to H1B? Would I have to go through the lottery again?

Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

12:48 / Employment Based / FAQs / For Families / Nonimmigrant Family / Resident / Worker