Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...
The American Immigration Lawyers Association (AILA) recently sent a comment to the U.S. Department of State (DOS) regarding the pilot domestic visa renewal program, which ran from January 29, 2024, through April 1, 2024. In its comment, AILA offers numerous suggestions on ways to improve...
Answer This was not an error, and there is no need for you to file an extension. Normally, as long as the H-4 dependent has a valid visa "stamp" at the time of admission, the dependent may be admitted through the validity period of the principal...
Answer If you have a facially valid H1B visa, there typically would be no need to go to the consulate. You can request readmission based on the existing visa and the approved petition from the new employer. (01.May.2024)Sheela Murthy and other senior attorneys provide guidance that...
Answer We have not heard any details, as of yet. The only information we have heard is that the initial program was used less than initially expected – we can only assume this was because of how incredibly restrictive the program was!As soon as any new...
Answer There is no requirement that project documents be included with the H1B. But if you will be working at a client location, that must be listed on the LCA. Including project documents can be helpful, especially if you will be applying for a visa "stamp"...
Answer There is a good chance that the USCIS will deny the pending I-131 application based on the travel. Unfortunately, the USCIS has a policy that, for initial AP applications – or for applications where the previous AP has expired – the applicant generally must remain...
Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...
Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024)Sheela Murthy and other senior attorneys provide guidance...
