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 Multiple I-140s are not problematic. However, one ultimately will need to choose which I-140 is filed in support of the I-485 application. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...
Answer Unfortunately, the only way to determine this is to ask one's employer. There is no other way to confirm this information. (16.Apr.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...
Answer One generally could change status to F-1 student, complete one's education, and then have an employer file an H1B petition to "recapture" the remainder of the 6 years of H1B time. (16.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer A visa foil (commonly referred to as a "stamp") is an entry document. As long as one remains in the U.S., there generally is no need to have a valid visa.That being said, border cities, like El Paso, sometimes have border patrol checkpoints. El Paso...
Answer This would be possible, yes. However, the last approval to take effect would govern one's status, so this requires caution. You probably should consult with an attorney before proceeding with this. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer Yes, the change of employer should not affect the validity of the EAD. However, if the I-140 has been approved for fewer than 180 days, the employer may still revoke it, making it impossible to extend the EAD. (09.Apr.2018)In frequent sessions of our Chat, Sheela...
… I left the U.S. and applied for admission to a Ph.D. program in my field, which starts next fall (in 8 months). Can I apply for a new F-1 visa now? Would the previous filing and denial of my employer’s H1B petition affect my...
Answer Yes, one in this situation normally could have another employer file an H1B petition for consular processing. (26.Mar.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...
