Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020)Sheela Murthy and other senior attorneys...
Answer To be included as a "dependent" on an employment-based I-485 petition, one must be MARRIED before the lead applicant receives approval of the I-485. (13.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer Premium processing time appears to be unaffected presently. However, given the current uncertainty regarding USCIS funding, it is unclear how long this will continue. (06.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer By its terms, the proclamation only applies to people who are NOT in the United States on the date that it went into effect (i.e., June 24, 2020). Therefore, one who was here on that date, should be able to travel and receive a visa...
Answer In general, when one has timely filed for an extension of status, one is permitted to remain in the United States until a decision is received from USCIS. This is considered to be a period of "lawful" stay. (06.Jun.2020)Sheela Murthy and other senior attorneys provide...
Answer The Executive Order only prohibits the issuance of visas at consulates. It does not prevent the adjudication of I-130 petitions, and these should progress normally, as far as we know. (01.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...
Answer If one was outside of the U.S. as of June 24th and does not presently have a valid H1B visa or travel document (e.g., advance parole), then the executive order likely prevents one in this situation from being issued an H1B visa. (01.Jul.2020)Sheela Murthy and...
Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...
Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...
Answer This order does not apply to people who are physically in the United States as of June 24, 2020. Assuming you are in the U.S., the executive order does not have any impact on your status in the U.S. If you are not in the...
