Answer There is nothing that has changed at this time. There is mention of additional job flexibility as part of the executive actions, but no specifics have been released. This type of change likely requires a regulation. As it stands, there is a fair amount of...
... Unfortunately, my H-4 I-94 has recently expired and I did not file an extension application. May I still file an application for change of status from H-4 to F-1? If not, may I apply for an F-1 visa in Canada to come back in...
...His father got considerably worse and my husband has been taking care of him since his arrival in his parents’ home. Because of his father’s condition, he has to stay abroad for a few more months. Is my F-2 status in jeopardy while my husband...
Answer This depends on why there is no I-94. If an I-94 was requested, but not issued due to a finding of being out of status, then departure is needed (unless the finding is challenged successfully in a motion.) On the other hand, if no COS...
Answer There is a legacy INS memo that says it is ok to return to the dormant petition (prior company) in situations such as this one. However, that is not always the safest/best practice, as it creates a rather confusing history, among other issues. It is...
AnswerYes, an FB2A case would have no impact on your spouse's existing H1B status. There is no conflict between the H1B and the I-130 because 'immigrant intent' is not an issue for H1B workers.But, the H1B status cannot extended beyond the six-year limit based upon...
Answer Yes, but the connecting travel should be consistent with your stated purpose for coming to the U.S. If the purpose is to work in California, then there should be a connecting flight (or other travel plans) to get from NY to California. (15.Dec.2014)In frequent sessions...
Answer The time abroad does not have to be continuous, as long as the trips to the U.S. meet the regulatory requirement of being "brief trips for business or pleasure." The time in the U.S. doesn't count toward the 365 days, but - if the requirements...
Answer The work authorization is based upon the approval. But, the employer must comply with the I-9 requirements for proof of work authorization. There is some brief allowance for these situations to avoid having to terminate the employee. Check the I-9 information on the USCIS website...
Answer There is no need to get an F-1 visa stamp if one is not traveling abroad. The USCIS does not care about whether the person has a visa stamp or not. The USCIS reviews whether or not the person is in a valid status in...
