Answer One in H1B status generally can be a passive investor in a business. However, one is not permitted to perform any work for the company, even if it is unpaid. And determining whether a particular activity is considered "work" under immigration law can be tricky....
Answer Yes, the new I-539 form requires the payment of a biometric fee, and the taking of biometrics prior to approval. (20.May.2019)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...
Answer One in this situation generally would be in H1B status until the H-4 is approved, or until the H1B expires. Until one of these events occurs, the individual normally would be able to continue working for the H1B employer. (20.May.2019)In frequent sessions of our Chat,...
Answer It is a common misunderstanding that the "33-day" period mentioned in a denial notice is a mandatory response deadline. In fact, this is the deadline to file an optional motion to reopen or to appeal a denial. It is not mandatory, does not provide any...
Answer In general, no, this would not impact the H1B change-of-status request because OPT is not a status - one's status during OPT would still be F-1. Once an H1B change-of-status is approved, the F-1 status and corresponding OPT are terminated as of October 1st (or...
Answer In general, there is no requirement that one have a particular period of validity remaining to enter the U.S. in H1B status. Assuming the position is still available, one may request admission in H1B status for the remaining three-month period. (13.May.2019)In frequent sessions of our...
Answer Under the contiguous territory rule, one generally can go to Canada or Mexico using automatic visa revalidation ("AVR") for up to 30 days if one's I-94 is unexpired. A valid visa stamp is NOT required to reenter the U.S. However, one cannot use "AVR" if...
Answer If an H1B petition is filed within the 60-day grace period (i.e., 60 days of the last date of employment, not the last date of a paycheck), then it generally is treated as a timely filing and the individual is permitted to work based on...
Answer The National Benefits Center (NBC) takes care of scheduling all interviews, however the timing of that appointment is based on availability at the specific office that has jurisdiction for where you live. Every office is different. There is some general processing information on the USCIS...
Answer Usually, the receipt notice arrives within 2-to-3 weeks (if not filed with premium processing). However, in some cases where the lockbox is significantly backlogged, it can take longer. Regardless of how long it takes to issue the notice, the receipt date is determined by when...
