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30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

17:40 / FAQs / For Individuals / Travel / Worker
30 Nov 2023

I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...

17:32 / FAQs / For Individuals / Resident / Travel
22 Nov 2023

Overview of Temporary Protected Status

When conditions in a foreign country temporarily prevent the country's nationals from returning home safely, the United States may designate that country for temporary protected status (TPS). TPS allows a national of a designated country who is present in the U.S. to remain in the...

17:47 / For Individuals / NewsBrief / USCIS News
22 Nov 2023

A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now?

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...

17:12 / Employment Based / FAQs / For Employers / For Individuals / Resident
22 Nov 2023

My father is a naturalized citizen, and he sponsored me for a green card many years ago. The priority date is finally current, and I received a notice from the National Visa Center saying that they have all the documents and fees needed, and that they are working with my local embassy in Mumbai to schedule my interview. Any idea how long it will take to get the appointment?

Answer The processing time can vary, but assuming the priority date remains current, it typically takes about 6-to-8 months to get an appointment. (22.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

17:09 / FAQs / For Families / For Individuals / Immigrant Family / Resident