Answer No, as a general rule, filing a motion does not provide a person with lawful status or any other form of authorization to remain in the U.S. (28.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer Having an approved L-1 petition would not prevent a person from requesting admission on B-1/B-2. The immigration officer at the U.S. port of entry virtually always has discretion to deny a person admission on a B-1/B-2, but having an approved L-1 petition would not prevent...
Answer In general, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. or changes status prior to utilizing the full 6 years of...
Answer In order to move from L-1 to H1B status, one normally would have to be counted against the H1B cap. Having an approved I-140 does not automatically make a person exempt from the general cap requirements. (20.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that...
Answer Generally speaking, once the principal spouse is no longer in valid L1A status, the dependent spouse is no longer considered to be in valid L2S status. Therefore, it normally would not be permissible to work in this situation. (13.Apr.2022)Sheela Murthy and other senior attorneys provide...
Answer The fact that both the H-4 extension and the H1B change of status are pending at the same time is not really an issue. But, given the lengthy processing times for H-4 extensions, it is entirely possible that the H-4 application will still be pending...
Answer Unfortunately, no, this is not permissible. The grace period is available for a maximum of 60 consecutive days. If Employer B's petition had been approved and you then resigned or were terminated, you likely would have been eligible for a new 60-day grace period based...
Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...
Answer It is possible, but we likely will not know whether a second lottery is necessary until July 2022, at the earliest. (06.Apr.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...
Answer Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend...
