12 Oct 2023

My friend and I are both in H1B status and are thinking of investing in a hotel together. We then want to use that investment to apply for green cards through the EB5 category. Is that possible?

Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

05 Oct 2023

After my project ended last month, my employer did not have another project lined up for me, so I was laid off. That same employer now has a new project available for me. If the employer files an H1B amendment for me before the end of my grace period, can I immediately resume working for them on the new project?

Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

05 Oct 2023

After being laid off, I filed an application to change status to B-1. I recently received an RFE asking for evidence that I have the financial means to support myself. I have about $40,000 in my savings account. Is that sufficient? Is there a set dollar figure required?

Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...

28 Sep 2023

I was in H1B status and then changed to H-4. I now wish to move back to H1B status. Once the change of status petition is filed, can I start working based on the receipt notice?

Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

28 Sep 2023

USCIS Exempting Biometrics Fee for all I-539 Applicants, Effective 01.Oct.2023

Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...