Answer A pending motion to reopen, motion to reconsider, or appeal does not normally provide the foreign national with any status protection benefits. If the underlying case is reopened and approved, the gap in status may be cured. If, however, the original decision is upheld, the...
Answer We do not have specific statistics on how frequently second RFEs are issued by the USCIS. But, anecdotally, it appears to be very uncommon to see a second RFE issued on an H1B petition.There was a time under the Trump Administration when there was a...
Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...
Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that...
Answer The last official update on this came in March 2022, when the USCIS indicated that premium processing for H-4 and EAD applications likely would not become available until fiscal year 2025 (which begins October 1, 2024). So, it appears we still have a long wait.One...
Answer In general, a civil lawsuit filed against you by a private party would not impact your immigration status or future green card case. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer If the existing H1B visa "stamp" in your passport is still valid, it normally is permissible to use that visa and the new employer's approved petition to request admission in H1B status. (23.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Assuming the existing H1B petition was filed for a full-time position, you should not rely on that approval to work part time. However, your employer can file an H1B amendment requesting that the position be approved as a part-time position. And, typically, you then could...
Answer The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to...
Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...
