12 Mar 2018

Employer B filed an H1B change of employer petition for me. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, one generally can have multiple H1Bs filed on one's behalf without an issue. (12.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 more FAQs here. Copyright...

12 Mar 2018

My green card is about to expire, and I am waiting to be scheduled for my U.S. citizenship oath. Do I need to renew my green card in order to be eligible to take the oath?

Answer The "green card" itself is only proof of one's status - its expiration does not affect one's status as a lawful permanent resident (LPR). Therefore, the expiration should not affect the citizenship application. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

12 Mar 2018

My wife is a green card holder, but needs to travel to India for more than a year. She is applying for a reentry permit and is now waiting for her biometrics appointment. If she leaves before biometrics, what will happen to the reentry permit application?

Answer One's reentry permit is not withdrawn by travel. But, the application will be denied if the biometrics are not done as scheduled. (It generally is not a problem to reschedule them one time, though.) (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

05 Mar 2018

I am about to max out of my 6 years of H1B time, so I am applying for a change to H-4. If, after I transfer to H-4 status, I get an approved I-140, can I use that to move back to H1B status?

Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...

05 Mar 2018

I am waiting for my oath ceremony in order to naturalize. Also, my green card is about to expire. I have a family emergency and need to travel to India immediately. What options do I have to return with no issues? Will this impact my naturalization case?

Answer If you have an emergency need to travel, you can try to obtain a temporary I-551 stamp in your passport at the local USCIS office. It typically is okay to travel while waiting for one's naturalization oath ceremony, but you need to inform the USCIS...

26 Feb 2018

I am in H1B status now, and will soon be flying to India to visit family. I need to go to the consulate for a new visa stamp. How does the new H1B memo impact stamping?

Answer Currently, the new memo only affects USCIS adjudications of H1B petitions. However, the consulates are always free to request additional documentation that they feel is necessary to verify that the H1B petition job is still valid. (26.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and...