08 Oct 2018

I am in H1B status and have an approved I-140. I plan to move back to India for the time being. Will I still be able to use my I-140 in the future?

Answer Yes, an approved I-140 can be converted to "consular processing" by the employer, and later used to obtain an immigrant visa and "green card," as long as the employer is still offering the same job. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other...

13 Aug 2018

I am in H1B status. I recently visited Canada via a land border. On my return, CBP did not stamp my passport with the admission date/port of entry. Is that a cause for concern?

Answer At land borders, it's fairly common for the passport to not be stamped. This typically would not be a cause for concern. (13.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

13 Aug 2018

After my H1B cap case was filed, I traveled to India because of an emergency. After I returned, an RFE was issued, mentioning my travel dates and maintenance of F-1 status. Any suggestions on how to respond to USCIS on this RFE?

Answer Travel while a change of status request is pending normally results in automatic cancellation of the COS request. The H1B can still be approved for consular processing. This happens automatically, and there typically is no way to overcome this in an RFE response. (13.Aug.2018) In frequent...