Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...
Answer Normally, one can apply for a visa "stamp" in any country, outside the U.S., where one is physically present. However, check the consulate's website before traveling, as some have unique rules for third-country nationals. Also, if you apply at a consulate other than the one...
Answer There (normally) is no requirement that one go to the home country for visa "stamping." However, each U.S. consulate has its own requirements in regard to who can apply for a visa at the consulate. Some restrict applications by "third country" applicants who do not...
Answer One normally still could receive a full-validity-period visa, even if the passport expires in 2 years. (19.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...
Answer In general, applying for one type of visa should not cause a consular officer to cancel a different visa in one's passport. However, this does sometimes happen. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa "stamp" at a...
Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer The H-4 COS will be abandoned when one leaves the U.S., but one can apply for an H-4 visa stamp to return at any time (assuming the principal spouse is in valid H1B status). A COS approval is not required to apply for a visa...
Answer Travel outside the U.S. while an H1B petition is pending will automatically cancel any change of status request and convert the petition to consular processing. So, assuming the H1B petition is approved, in order to move then to H1B status, one typically must first get...
Answer USCIS generally has nothing to do with a visa application at the consulate. One can eMail the consulate directly, but this works inconsistently. Two to three months is the norm for 221g requests at this point. (08.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and...
