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05 Oct 2023

After being laid off, I filed an application to change status to B-1. I recently received an RFE asking for evidence that I have the financial means to support myself. I have about $40,000 in my savings account. Is that sufficient? Is there a set dollar figure required?

Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...

08:32 / FAQs / For Individuals / Visitor / Worker
28 Sep 2023

I was in H1B status and then changed to H-4. I now wish to move back to H1B status. Once the change of status petition is filed, can I start working based on the receipt notice?

Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

08:02 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
21 Sep 2023

I understand that an H1B amendment is required when I move to a new work location. Is it permissible though to move to the location once we get the LCA, as long as we then file the H1B amendment?

Answer No, applying for an LCA (or receiving the certified LCA back from the DOL) does not provide any direct immigration benefit. If there is a material change in the job, such as when an H1B worker is moving outside the area of intended employment, then...

07:34 / FAQs / For Employers / For Individuals / Worker
21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

07:31 / Employment Based / Family Based / FAQs / For Individuals / Resident / Student / Visitor / Worker
07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
31 Aug 2023

My H1B extension was filed prior to my I-94 expiring. The USCIS issued an RFE on the petition and my employer is responding to it soon. My I-94 recently expired. If the extension is denied, how long of a grace period will I get?

Answer Unfortunately, if the H1B worker's I-94 has already expired by the time the USCIS denies an extension, there generally is no grace period. Rather, the person typically begins to start accruing unlawful presence immediately following the issuance of the denial. (31.Aug.2023)Sheela Murthy and other senior...

09:24 / FAQs / For Employers / For Individuals / Worker