21 Mar 2018

Government Faces Yet Another Possible Shutdown After March 23, 2018

Congress must pass a spending bill to extend government operations by midnight of March 23, 2018, or else another temporary shutdown of the federal government will go into effect. A government shutdown at this time would be especially problematic because H1B cap season is upon...

13 Mar 2018

April 2018 Visa Bulletin: Cutoff Date Set for EB1 India and China, EB3 India Surges Forward

The U.S. Department of State (DOS) has released the April 2018 Visa Bulletin. The most notable changes are that cutoff dates have been imposed in the employment-based, first preference (EB1) category for India and China, and that there is considerable movement in the employment-based, third...

12 Mar 2018

My green card is about to expire, and I am waiting to be scheduled for my U.S. citizenship oath. Do I need to renew my green card in order to be eligible to take the oath?

Answer The "green card" itself is only proof of one's status - its expiration does not affect one's status as a lawful permanent resident (LPR). Therefore, the expiration should not affect the citizenship application. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

12 Mar 2018

My wife is a green card holder, but needs to travel to India for more than a year. She is applying for a reentry permit and is now waiting for her biometrics appointment. If she leaves before biometrics, what will happen to the reentry permit application?

Answer One's reentry permit is not withdrawn by travel. But, the application will be denied if the biometrics are not done as scheduled. (It generally is not a problem to reschedule them one time, though.) (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

05 Mar 2018

I am about to max out of my 6 years of H1B time, so I am applying for a change to H-4. If, after I transfer to H-4 status, I get an approved I-140, can I use that to move back to H1B status?

Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...

05 Mar 2018

I am waiting for my oath ceremony in order to naturalize. Also, my green card is about to expire. I have a family emergency and need to travel to India immediately. What options do I have to return with no issues? Will this impact my naturalization case?

Answer If you have an emergency need to travel, you can try to obtain a temporary I-551 stamp in your passport at the local USCIS office. It typically is okay to travel while waiting for one's naturalization oath ceremony, but you need to inform the USCIS...

01 Mar 2018

NewsFlash! Proposed Rule to Terminate H-4 EAD Program Delayed Until June or Later

The proposed rule to terminate the program that allows certain H-4 spouses to obtain employment authorization is not expected to be published until at least June 2018. The rule was previously slated for publication in February 2018. The U.S. Department of Homeland Security is apparently...