Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...
Answer Ordinarily, it is possible to remain in the U.S. based on a pending I-485 application. So, it typically is not required to extend one's underlying nonimmigrant status. However, if the person has not maintained nonimmigrant status and the I-485 is denied, this typically means the...
Answer There is no need to add a new spouse to an approved I-140. 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. (02.Feb.2023)Sheela Murthy and other senior...
Congress created the R-1 visa classification to allow religious organizations to bring different categories of religious workers from affiliated religious organizations overseas to staff organizations in the United States for a temporary period. A basic overview of the R-1 nonimmigrant visa category is provided here...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that the H1B registration period for fiscal year 2024 (FY24) will start at noon Eastern Time (ET) on March 1, 2023, and end at noon ET on March 17, 2023. Background on Registration Process In order to...
Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...
Answer A person typically qualifies for a new period of OPT after each educational level. The "master's" period of OPT would be exhausted after completing the Computer Engineering degree. So, a new period of OPT would not be available based on the completion of an MBA...
Answer The visa foil is just an entry document; one’s valid F-1 status is governed by the SEVIS database. A valid visa foil is not required for a new program. It will only be necessary if one seeks to reenter the U.S. after foreign travel. (26.Jan.2023)Sheela...
A layoff can present significant challenges for any worker. But, for foreign nationals, a layoff can present an additional layer of difficulties. These FAQs are designed to provide general information regarding some of the more common issues that arise following layoffs for foreign nationals with...
Answer No, it does not matter if the positions are in two different fields, provided the individual is qualified for both positions. (19.Jan.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...
