09 Nov 2022

Revised Form N-648 to Help Naturalization Applicants with Disabilities

The U.S. Citizenship and Immigration Services (USCIS) recently announced an updated policy regarding medical certification for disability exceptions (form N-648) to make the naturalization process more accessible for applicants with disabilities. The USCIS policy manual clarifies the manner in which medical professionals can properly complete...

03 Nov 2022

I am a U.S. citizen and filed an I-130 petition for my mother. She would like to visit me on her B-1/B-2 visa. Is this permitted?

Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...

03 Nov 2022

I am in H1B status with an I-94 valid until 2024, but I soon will be laid off. My employer said that, instead of officially laying me off now, they will let me take a voluntary, unpaid leave for 3 months. If I have not found a new employer by then, I can keep searching for another 60 days based on the grace period. Is that correct?

Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is...

27 Oct 2022

I was working in H1B status, and then went back to my home country due to an emergency. It has been about seven months, and I now wish to return to my H1B position in the U.S. My visa stamp is still valid, and my employer is supporting this. Is there anything special I need to carry due to my prolonged absence?

Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...

27 Oct 2022

The USCIS recently denied my L1A petition because they said the U.S. position did not appear to be managerial. The U.S. position is very technical, so we now want to reapply under the L1B category. How long do we have to wait after the L1A denial before filing the L1B petition?

Answer There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would...