... but did not ask my DSO to authorize the reduction in my course load. My DSO told me that this resulted in F-1 status violation and she helped me apply for reinstatement. My reinstatement application is currently pending, but I plan to go home...
Answer This can be a tricky situation. A government memo from some years ago said that a principal nonimmigrant (such as an H1B spouse) could not depart the U.S. leaving behind a "parked" dependent (such as an H-4 spouse). If the H1B is traveling outside the...
Answer Advance parole permits one to enter while the I-485 is pending. It generally cannot be used after the I-485 has been approved. You may wish to schedule a consultation with an attorney who can review your mother's situation in greater detail and determine what options...
Answer If your H1B visa "stamp" has not expired, there is generally no need to get a new visa issued, based on having an amended petition. (29.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer If the H-4 visa stamp is valid and unexpired, it could be used to reenter the U.S., as long as one is still married to the primary beneficiary in H1B status. The POE officers need proof of H-4 eligibility, such as a copy of the...
Answer The prudential revocations of visas due to a DUI only impact the visa "stamp," not the person's status. Further, this generally has no impact on the H-4 spouse's visa. There is no need for the H1B worker to have a valid visa stamp in order...
Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...
Answer H1B status could be regained by filing an H1B petition via PP. But, it is likely that one would have to file this via consular processing, as it is not particularly likely one would be able to change from H1B to B and back to...
Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...
Answer The EAD extension can be filed 120 days in advance of the expiration. It is ok to travel outside the U.S. while the EAD is pending, but it is necessary to consider how one will reenter. The EAD is a work authorization document, not a...
