Once again, the U.S. Citizenship and Immigration Services (USCIS) has extended the response time flexibility, initially announced on March 30, 2020, due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020, through...
Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...
Answer It is possible, but we likely will not know whether a second lottery is necessary until July 2022, at the earliest. (06.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Normally, when you are filing for two (or more) dependents extending the same status (e.g., H-4), you can file an I-539 application for one dependent along with an I-539A for each other dependent. However, in a situation where one dependent is not eligible to extend...
The employment-based, fifth preference (EB5) immigrant investor program was established to help stimulate the U.S. economy though job creation and capital investment by foreign investors. Under this program, a foreign national investor is eligible to apply for permanent residency if the person invests the requisite...
The U.S. Department of Homeland Security (DHS) has designated Afghanistan for temporary protected status (TPS). This was done based on the ongoing armed conflict and other problems in the region, including economic crisis, drought, food and water insecurity, and lack of access to healthcare.Effective March...
Answer The fact that an employer withdraws the H1B petition would not normally impact eligibility for the 60-day grace period. So, assuming you otherwise meet the grace period requirements (e.g., you have not violated your status), you should be able to remain in the U.S. in...
Answer Assuming you will be coming back to work for the same employer in the same position, it generally would be fine to use the existing petition and visa. There is nothing special that you need to do. As a precaution, however, it may be a...
Answer Yes, concurrent employment is permitted. Prior to joining the second employer, that employer should file an H1B petition for you, requesting concurrent employment on the I-129. (30.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Yesterday, the U.S. Citizenship and Immigration Services (USCIS) announced that it would be issuing a final rule to make premium processing available to all form I-140 petitions, and most form I-539 and form I-765 categories. Today, the rule was published in the Federal Register, and...
