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14 Aug 2017

I am on H1B and have a pending I-485. I plan on moving to a new employer using AC21, and will work using my EAD, instead of H1B. Do I have to exit and reenter the country using advance parole prior to beginning at my new employer, so that I am not considered out of status?

Answer Travel would typically not be necessary. As soon as one leaves the H1B employer (without the filing of another H1B petition by the new employer), one is no longer in H1B status. But, based on the pending I-485, one generally would automatically fall into a...

08:09 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
30 Jan 2017

We are undergoing the EB3 green card process, we have our EADs and travel to India using our AP. Has there been any change in that process?

Answer There have been purported draft executive orders circulating that eliminate some forms of parole. Advance parole does not appear to be presently involved in these draft orders. (30.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

18:24 / Employment Based / Family Based / FAQs / Resident / Travel
09 Jan 2017

I am on OPT and will be filing for H1B this year. If the case is approved, will I need to go for stamping? If not, can my dependent still go for stamping, since she is outside the U.S.?

Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...

13:57 / F-1 / FAQs / For Families / Nonimmigrant Family / Student / Travel / Worker