Answer One potentially could travel and reenter on another valid visa "stamp." However, there are some complex legal issues here, if one has become unlawfully present based on the extension denial (i.e. potential automatic revocation of the visa stamp). Further, the U.S. Customs and Border Protection...
Answer There is no inherent problem with pursuing OPT, assuming that one follows the rules. It is important to discuss all proposed OPT employment with one's designated school official (DSO), to make sure that one is compliant with the requirements. (23.Jul.2018)In frequent sessions of our Chat,...
Answer One normally could continue to work pursuant to the original H1B petition until it expires, assuming that this employment is still available. The one exception would be if the USCIS made a negative "status" determination in the amendment denial, which generally would not be the...
Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer One who is not on U.S. soil generally is not subject to U.S. immigration law, so this normally would be fine. There may be tax implications to discuss with a CPA, however. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
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 One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...
Answer One generally is required to depart the U.S. and reenter on the same AP document. The approval of a new AP in the interim is irrelevant. One must still reenter before the old AP expires. (09.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...
Answer The H-4 EAD program likely will be eliminated at some point. Assuming the program is eventually terminated, we do not know yet what impact that will have on those with existing H-4 EADs. But, it certainly is possible that those with existing EADs will be...
