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04 Feb 2019

I am a U.S. citizen. Is it possible to sponsor my fiancé from Nigeria even though we have never met in-person?

Answer Normally, to be eligible for a K-1 visa, the couple must have met physically within two years prior. There are exceptions in which this is impermissible culturally, but these cases generally are difficult to get approved by the USCIS. (04.Feb.2019)In frequent sessions of our Chat,...

08:51 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
04 Feb 2019

I was recently laid off from my H1B position. If I find a company to file an H1B change of employer for me within my 60-day grace period, will I have to provide any special paperwork to show I’m in the grace period?

Answer Typically, if an H1B change of employer is filed during the 60-day grace period, no "special" paperwork would be required. As with most any H1B petition requesting status, one should provide evidence of having maintained status; if filing during one's grace period, such evidence may...

08:40 / FAQs / For Individuals / Worker
04 Feb 2019

The USCIS made an error in denying my I-485 application. The denial indicates that my priority date was not current when I filed the I-485, but the USCIS is mistaken. What do I do?

Answer The normal strategy in this situation would be to file a motion to reopen within 30 days of the decision. One may be "unlawfully present" in this scenario, so time is of the essence. One should discuss the situation in detail with an experienced immigration...

08:35 / FAQs / For Individuals / Resident
28 Jan 2019

I have a pending adjustment-of-status application and have been issued a combination Employment Authorization Document and Advance Parole card. Can I take a vacation cruise to other countries and return to the United States?

Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...

11:31 / FAQs / For Individuals / Resident / Travel / Worker
28 Jan 2019

I am in the United States in H1B classification. My employer has filed an amendment of my H1B petition. Can I travel while my H1B amendment is pending?

Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....

11:26 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...

11:12 / FAQs / For Individuals / Student / Visitor / Worker
28 Jan 2019

I am contemplating opening an LLC company. Can that company sponsor me for H1B classification if I own a substantial portion of the company? Can I apply for an H1B if I am self-employed?

Answer Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would...

11:08 / FAQs / For Individuals / Worker
14 Jan 2019

My EB3 I-140 is approved and my I-485 is pending. Is leisure travel / vacation outside the U.S. allowed using my advance parole (AP) document?

Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.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 participation, click here.Access...

12:31 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
14 Jan 2019

After my I-140 was approved, I got divorced. I have since remarried. Can I add my new wife to the I-140?

Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...

12:27 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker