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25 Mar 2019

I applied for an H1B visa at the consulate, but was issued a 221(g) several months ago. The U.S. employer grew tired of waiting and fired me. My wife is in the U.S. in H1B status. Can I now apply for an H-4 visa?

Answer There is nothing preventing one in this situation from scheduling another interview and applying for an H-4 visa. You likely will be asked to withdraw the pending H1B, which is of little impact, as the job is no longer available anyway. (25.Mar.2019)In frequent sessions of...

13:49 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Mar 2019

I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?

Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...

14:14 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student / Worker
18 Mar 2019

My I-485 was denied because I was laid off while the application was still pending. If I find a new employer to sponsor me, can I retain the same priority date?

Answer Yes, as long as the I-140 was not revoked for cause or fraud / misrepresentation, one in this situation should be able to keep the I-140 priority date. (18.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

14:11 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
11 Mar 2019

USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as...

09:24 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Travel / USCIS News / Worker