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28 Aug 2017

Is it possible for Employer A to revoke my H1B petition while my H1B transfer filed by Employer B is pending? If so, is there any way to prevent this?

Answer Employer A can always request revocation of an approved petition that was filed by Employer A. But, if an H1B change of employer was filed by Employer B prior to this while the person was still in valid H1B status, a revocation by the Employer...

16:07 / FAQs / For Individuals / Worker
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28 Aug 2017

If a U.S. citizen sponsors a parent for a green card, under what category in the visa bulletin would this fall under?

Answer A U.S. citizen who is at least 21-years of age may sponsor a parent as an immediate relative. There is no numerical limitation for this category, so it is not listed as a separate category in the monthly visa bulletins. (28.Aug.2017)In frequent sessions of our...

15:44 / Family Based / FAQs / For Families / For Individuals / Resident
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25 Aug 2017

NewsFlash! Trump Considering End of DACA Program

According to various news reports, President Trump is likely to end the Deferred Action for Childhood Arrivals (DACA) program. DACA is a program that provides travel and work authorization to qualifying undocumented immigrants who were brought to the United States as children. The program was...

17:18 / For Families / For Individuals / Legislation / NewsBrief
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23 Aug 2017

DOS Provides ‘Hire American’ and F-1 Guidance to Consular Officers

The U.S. Department of State (DOS) recently updated the Foreign Affairs Manual (FAM), which provides official guidance to consular officers, in light of the 'Buy American, Hire American" executive order (EO) signed by President Trump on April 18, 2017. The DOS FAM update primarily serves...

08:07 / Consulates / For Individuals / NewsBrief / Student / Worker
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21 Aug 2017

Is the H-4 EAD program going to be terminated by the Trump Administration?

Answer The H-4 EAD rule is apparently being reviewed by the Trump Administration, but there is no information on what the ultimate decision will be. If the administration does decide to terminate the program, it very likely will have to go through the rule-making process, which...

16:50 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
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21 Aug 2017

I am on OPT and my F-1 visa has expired. If I travel outside the U.S. will I need to get a new F-1 visa to reenter?

Answer Yes, to enter on F-1 OPT, a valid visa "stamp" is typically required (with the limited exception of travel to Canada or Mexico under the automatic visa revalidation rule). (21.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

16:46 / FAQs / For Individuals / Student / Travel / Worker
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21 Aug 2017

Is there a minimum wealth requirement to invest in EB5, apart from the money I will be investing?

Answer From an immigration law perspective, there is no "wealth" requirement. However, regional centers are subject to U.S. securities law. As such, many regional centers will only accept investments from those who qualify as "accredited investors". This is someone who either (a) earned income that exceeded...

16:43 / Employment Based / FAQs / For Individuals / Resident
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14 Aug 2017

Can a U.S. green card holder also apply for Canadian permanent residency?

Answer Applying for Canadian residence generally would have no direct impact on one's green card (assuming that one does not depart the U.S. for too long and "abandon" the green card). (14.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

08:20 / FAQs / For Individuals / Resident
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14 Aug 2017

I am a U.S. citizen, engaged to a citizen of India. If I sponsor my fiancée for a K-1 visa, how long will the process take?

Answer From the time the I-129F is filed to the time your fiancée is scheduled for an appointment at a U.S. consulate would likely take at least 8-12 months. (14.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

08:17 / Employment Based / FAQs / For Individuals / Resident
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14 Aug 2017

I was working in H1B status, but I was terminated and my H1B was revoked. I have since converted to H-4 status. Can a new employer file my H1B now?

Answer In general, one in this situation is considered to have been 'counted against' the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (14.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and...

08:12 / FAQs / For Individuals / Worker
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