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14 Aug 2017

I am on H1B and have a pending I-485. I plan on moving to a new employer using AC21, and will work using my EAD, instead of H1B. Do I have to exit and reenter the country using advance parole prior to beginning at my new employer, so that I am not considered out of status?

Answer Travel would typically not be necessary. As soon as one leaves the H1B employer (without the filing of another H1B petition by the new employer), one is no longer in H1B status. But, based on the pending I-485, one generally would automatically fall into a...

08:09 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
10 Aug 2017

USCIS Denying Advance Parole Applications Based on Overseas Travel

In a recent trend, the United States Citizenship and Immigration Services (USCIS) has begun to deny advance parole (AP) applications (form I-131) for applicants who have traveled abroad before their applications are approved. This is in stark contrast to the previous, longstanding policy, which allowed...

08:05 / Employment Based / For Employers / For Individuals / NewsBrief / Resident / Travel / USCIS News / Worker
07 Aug 2017

I have an approved I-140 with Employer A, and I am about to complete six years on H1B. Can I file for an H1B change of employer / extension with Employer B, even if the new H1B position is completely different from the I-140 position?

Answer In general, an approved I-140 can be used to extend H1B status beyond 6 years, regardless of the job or employer. (07.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

08:47 / Employment Based / FAQs / For Individuals / Resident / Worker
02 Aug 2017

NewsFlash! Trump, GOP Senators Propose Bill to Modify Immigration System, Slash Visa Numbers

Today, President Trump announced his support for a bill proposed by Republican Senators Tom Cotton (AR) and David Perdue (GA) that, if passed, would make massive changes to the U.S. immigration system. The proposal would replace the current employment-based immigration system with a merit-based system....

16:39 / Employment Based / Family Based / For Employers / For Families / For Individuals / Green Card Lottery / Immigrant Family / Legislation / NewsBrief / Resident
31 Jul 2017

I am eligible to apply for U.S. citizenship, but my husband and children will not qualify for another year. Is it advisable for me to wait and apply for the whole family at the same time?

Answer In general, there is no particular benefit for a family to wait to file naturalization applications at the same time, other than the fact that the citizenship interviews generally will be scheduled for the same day. Also, depending on the circumstances, the children may become...

12:00 / Citizen / FAQs / For Families / For Individuals / Immigrant Family / Resident