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20 Oct 2022

My wife and I are Canadian, and she is coming to the U.S. to work in H1B status. I work as an engineer for a Canadian company, and my employer allows me to work remotely. Could I work for the Canadian company from the U.S. in TN status?

Answer In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a...

09:36 / FAQs / For Individuals / Worker
20 Oct 2022

I entered the U.S. in B-2 status to visit my daughter. Shortly before my I-94 expired, I applied for an extension, which is still pending. I am now scheduled to leave the U.S. next week, but USCIS just scheduled me for biometrics the week after I leave. Should I reschedule my flight so I can attend the biometrics appointment?

Answer In most situations, there would be no need to stay in the U.S. just to attend the biometrics appointment. Yes, failing to attend the biometrics will likely result in the I-539 being denied. However, if the I-539 was timely filed, and you then leave the...

09:30 / FAQs / For Individuals / Travel / Visitor
13 Oct 2022

My I-140 was approved in the EB2 NIW category. The NIW was approved based on my work related to cancer research and statistical analysis. Am I allowed to move into a different field of research / statistical analysis while my I-485 is pending?

Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one’s qualifications and the benefit prospectively to the United States that is likely to come from...

08:38 / EB2 National Interest Waiver / Employment Based / FAQs / For Individuals / Resident
05 Oct 2022

I am a U.S. citizen and am sponsoring my brother for a family-based green card. Will the pending I-130 prevent him from being issued an H1B?

Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person's ability to apply for H1B status. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

18:23 / Family Based / FAQs / For Individuals / Resident / Worker