Answer If you file a FOIA request, the USCIS may not provide you with a copy of the actual approval notice; but, the USCIS typically will at least provide the beneficiary with related documents that contain all the important information one would find on the actual...
Answer The H-4 visa application does not require that the H1B spouse have an up-to-date H1B visa "stamp." The H-4 application simply requires showing proof of the marriage and proof of the spouse's valid H1B status. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other...
Answer The question here is how one plans to return to the U.S. If the H-1 approval is needed in order to return, it is risky to travel. Travel doesn't make it more or less likely that the case will be approved; it is just that...
Answer It is possible to regain H1B status after working on EAD. But, it is necessary to do so from outside of the U.S. - applying for an H1B visa "stamp" at a consulate abroad based upon an H1B petition approval. This generally is not recommended,...
Answer H1B status ends with the job. There is no grace period. The I-94 expiration date does not equate to status when one is not complying with the terms of status. Options should be discussed in a consultation without delay. (05.Oct.2015)In frequent sessions of our Chat,...
Answer I assume that these are cap-subject cases. In any event, if they are not connected to each other at all (not violating the prohibitions on multiple filings by same / related employer), then there is no problem with having two filings. Each is independent of...
Answer There is not a nurse-specific nonimmigrant category. This is a long-standing problem. Some (but certainly not all) RNs qualify for H1B status. They must have bachelor's degrees and work in the limited types of nursing jobs that require the 4-year degree as a minimum requirement....
Answer H1B workers are generally allowed to work for up to 240 days based upon a pending, timely filed H1B extension request. This timeframe is measured from the expiration of the approved H1B. The RFE does not change this rule. (28.Sep.2015)In frequent sessions of our Chat,...
Answer Yes, an H-4 dependent can stay in the U.S. while the H1B travels for routine personal or business travel. What is not allowed is what is referred to as "parking" dependent family members in the U.S. after the primary has left the country for good...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
