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27 Sep 2019

U.S. Senate May Allow Vote on Bill to Remove Per-Country Limits

Since its introduction, the Fairness for High-Skilled Immigrants Act (H.R. 1044 / S. 386) has been the subject of great interest and excitement within immigration circles. The bill would eliminate the per-country cap on employment-based green card petitions and increase the cap on family-based petitions....

15:15 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / Legislation / NewsBrief / Resident / Worker
26 Sep 2019

I am working for my own company based on an H-4 EAD. Can my company sponsor an H1B worker?

Answer Generally speaking, virtually any U.S. company, including one owned by someone with an H-4 EAD, may sponsor H1B workers. That being said, you likely need a backup plan in case the H-4 EAD program is terminated in the future. Also, sponsoring a close family (like...

09:10 / Employment Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Sep 2019

My H1B change of employer was approved, and I am about to travel abroad for a few weeks. My visa stamp, issued through my previous employer, expires in 3 months. Can I still use that visa?

Answer Generally speaking, the H1B visa foil (i.e., "stamp") remains valid, even if the person moves to a different employer. Typically, as long as the visa is still unexpired at the time one requests admission to the U.S., the CBP officer at the port of entry...

09:06 / FAQs / For Individuals / Travel / Worker
26 Sep 2019

My husband and I are citizens of Singapore. He is in H1B1 status with an approved I-140, and I am in H-4 status. Am I eligible to apply for an H-4 EAD?

Answer Unfortunately, the H-4 EAD option is limited to H-4 spouses of H1B workers. It is not available to H-4 spouses of H1B1 workers. (25.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

09:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Travel / Worker
26 Sep 2019

Policy Change Impacts Citizenship of Certain Children Born Outside the U.S.

The U.S. Citizenship and Immigration Services (USCIS) has released policy guidance, effective October 29, 2019, modifying certain residency requirements for obtaining U.S. citizenship. Notably, this policy impacts children born abroad to U.S. government employees and U.S. armed forces members. Under the new policy guidance, "children...

07:20 / Citizen / For Families / For Individuals / NewsBrief / USCIS News
19 Sep 2019

I am in H1B status and moved from Employer A to Employer B about six weeks ago. Employer A still has not provided me with my final paycheck. Is there anything I can do to get the money owed to me?

Answer If a former (or current) employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

12:23 / FAQs / For Employers / For Individuals / Worker
19 Sep 2019

I was born in the U.S., but my family moved back to India when I was still a baby. I am now 21, and I have not been back to the U.S. since. Do I have any options of getting my U.S. citizenship back? Or some form of U.S. residency?

Answer Unless you voluntarily renounced your U.S. citizenship (which typically involves a formal process at a U.S. consulate or embassy), you very probably are still a U.S. citizen. A parent cannot renounce U.S. citizenship on behalf of a child; and, “children under 16 are presumed not...

12:18 / Citizen / Consulates / FAQs / For Families / For Individuals / Travel
19 Sep 2019

I recently completed my master’s degree, and have been on OPT for two months. Due to a family emergency, I need to go back to my home country for at least six months. If I return in F-1 status and complete a second master’s degree, can I then use my remaining OPT time, and then apply for a STEM OPT extension?

Answer Generally speaking, if an individual uses any period of OPT following the completion of a master's degree, that person is not eligible for any OPT following the completion of a second master's degree. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

12:11 / FAQs / For Individuals / Student / Worker