Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...
Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...
Answer In general, it is not advisable to attempt to pursue a change of H1B petition employers until the "cap" H1B approval has taken effect - normally, October 1st or the date of approval, whichever is later. Attempting to file another H1B before this occurs can...
Answer In general, yes. If the job contained in the original H1B petition is still available, one could continue to work in that position until the petition expires, unless the USCIS has specifically ordered one to depart the United States in the denial notice for the...
The U.S. Citizenship and Immigration Services (USCIS) has announced an upgrade to its online tool, the Freedom of Information Act Immigration Records System (FIRST). FIRST now allows stakeholders to make Freedom of Information Act (FOIA) requests online for certain documents. Background FOIA, which went into effect in...
Processing times at the U.S. Citizenship and Immigration Services (USCIS) have long been a point of concern. And the Trump Administration's efforts to implement roadblocks in the legal immigration system have only exacerbated the situation. Since the last fiscal year of the Obama Administration, the...
On June 17, 2019, President Trump took to Twitter to announce upcoming efforts to detain and deport "millions" of undocumented immigrants. Senior administrators confirmed his claims, adding that final orders of removal have already been issued to more than one million undocumented immigrants. On June...
On June 10, 2019, the U.S. Department of Homeland Security Acting Secretary Kevin McAleenan announced that Ken Cuccinelli would be assuming the role of Acting Director of the U.S. Citizenship and Immigration Services (USCIS). There is no consensus as to whether President Trump will confirm...
The USCIS has updated the Adjustment of Status Filing Charts from the Visa Bulletin webpage to clarify that the family-based, second preference "A" (FB2A) category is "current" under the July 2019 Visa Bulletin.The July 2019 Visa Bulletin contains an extremely unusual entry in the FB2A...
On July 2, 2019, the U.S. Department of Homeland Security (DHS) Office of the Citizenship and Immigration Services Ombudsman is putting on a teleconference related to H1B enforcement issues. The following topics will be covered during the teleconference:Compliance and systematic review of H1B petitions...
