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30 Jun 2022

My husband is on L-1 and I am working in L2S status. Our I-94s are valid until next year, but his employer is laying him off next week. Do I have to stop working immediately? Or is there any type of grace period?

Answer After being terminated, the principal L-1 worker is normally eligible for a 60-day grace period, or until the I-94 expires, whichever date is sooner. This period is considered valid status. If the L-1 spouse is in valid status and the L2S souse is otherwise maintaining...

16:26 / FAQs / For Families / For Individuals / Worker
23 Jun 2022

I am working in H1B status and have been offered a better job with a different company. Prior to joining the new employer, however, I would like to take some time off. If I quit my current job, can I make use of the 60-day grace period, or do you have to be fired to be eligible for the grace period?

AnswerAssuming you meet the standard criteria for the 60-day grace period, the fact that you have resigned – as opposed to being fired / laid-off – would not impact your eligibility to use the grace period. (22.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that...

07:49 / FAQs / For Individuals / Worker
23 Jun 2022

I have a BS in computer science and an MBA. My H1B registration was selected in the master’s cap, based on my MBA. My employer is now filing the H1B petition, but listed that the position requires at least a BS in computer science. Are they required to list the MBA as the minimum requirement? Will this create any problems with petition?

Answer The degree used to qualify for the master's cap does not have to be the same degree listed for the minimum education requirement in the H1B petition. If the position requires a BS in computer science, that is what should be listed on the petition....

07:45 / FAQs / For Employers / For Individuals / Worker
15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

21:07 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
15 Jun 2022

My H1B cap case was approved in 2014. After getting my H1B visa stamped, however, the company ran into financial problems. I ended up not ever coming to the U.S. in H1B status. I now have found a different company in the U.S. willing to hire me. Do I have to wait for next year’s lottery, or can the H1B be filed now?

AnswerThe USCIS technically considers a foreign national counted against the numerical H1B cap if he is granted a change of status to H1B, or if he is issued an H1B visa from a U.S. consulate abroad. Since you were issued an H1B visa, it should...

21:03 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker
15 Jun 2022

My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?

Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant's anticipated stay in the United States. But even that "rule" only applies to passports issued by countries...

20:59 / FAQs / For Individuals / Resident / Travel
09 Jun 2022

I am a U.S. citizen. About 5 months ago, my mother entered in B-2 status to visit me and her grandchildren. At the last minute, we decided to apply for a green card for her. I filed the I-130 and I-485 for her, and those cases are still pending. Can my mother remain in the U.S. after her I-94s expire?

Answer Ordinarily, it is possible to remain in the U.S. in a period of authorized stay based on a pending I-485 application.  (08.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

06:45 / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
09 Jun 2022

During my I-485 interview, the officer issued me an RFE for a police report. I provided the document within a few days. How long does it take to process an I-485 application once an RFE is responded to?

Answer Typically, the USCIS does not provide a specific breakdown of processing times based on whether an RFE has been issued, responded to, etc. Rather, the USCIS processing times webpage simply lists processing times based on the type of case and the field office or service...

06:35 / FAQs / For Individuals / Resident / USCIS News
09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...

06:30 / Employment Based / FAQs / For Individuals / Resident