Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1...
Answer As a general rule, people who are subject to the 2-year HRR cannot change status from within the United States. But, they may be eligible to obtain certain visas from outside the U.S. to allow for a status change through consular processing. (11.Apr.2016)In frequent sessions...
Answer There is an automatic visa revalidation / contiguous territory rule that generally allows for such travel without getting a new visa. If status has been maintained and the person has a valid I-94, reentry is allowed following brief trips (30 days or less) to Canada/Mexico without...
Answer The I-485 could still be filed in this situation, once the date became current. But, it is not clear why the F-1 is needed. H-4 dependents can attend school. In most situations, the only reason for a dependent child to move from H-4 to F-1...
Answer H-4 status and H-4 EADs are generally granted for the same duration of the principal worker's H1B status. (11.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...
... I received an employment offer from a prospective employer who has filed an H1B petition for me with a start date of October 1st, based on my previous degree. Will I be eligible for the cap-gap extension of my F-1 status, so that I...
Answer Assuming the business is located in a targeted employment area (TEA) - meaning an area with high unemployment or a rural area - then the minimum EB5 investment amount would be $500,000. However, the EB5 applicant must have personally invested $500,000 of his or her...
Answer Generally speaking, it is still possible to move to a new H1B employer while an H1B amendment is pending. But, if the amendment with the current employer is needed to stay in status, and that case is denied, the USCIS may approve the new petition...
Answer This situation would have to be looked at in detail to give a specific, reliable answer. But, generally, if the transactions are structured so that B is a successor in interest to A, and then C is a successor to B, it would not be...
Answer To renew a visa, it is necessary to apply at a U.S. consulate abroad. If you meant to ask about extending B-1/B-2 status, that is done by filing an I-539 form. However, it is not always the best idea to apply for an extension of...
