Answer Assuming the H1B petition included a change-of-status request, international travel would result in the status request being abandoned. This means the petition could still be approved, but essentially it would convert to a request for consular processing. In order to enter in H1B status, it...
Answer One potentially could travel and reenter on another valid visa "stamp." However, there are some complex legal issues here, if one has become unlawfully present based on the extension denial (i.e. potential automatic revocation of the visa stamp). Further, the U.S. Customs and Border Protection...
This teleconference, which aired July 11, 2018, provides an overview of immigration issues related to employees traveling to the United States from abroad. Discussed are situations employees may face, including extreme vetting, visa processing, and what happens during the immigration inspection process by U.S. Customs...
It is important that F-1 students working pursuant to optional practical training (OPT) present proper documentation to U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs) to demonstrate that they can resume employment when they return. Additionally, they should be prepared...
Answer One generally is required to depart the U.S. and reenter on the same AP document. The approval of a new AP in the interim is irrelevant. One must still reenter before the old AP expires. (09.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other...
This morning, the U.S. Supreme Court held that the travel ban implemented by President Trump in September 2017 was a permissible exercise of his authority under the Immigration and Nationality Act (INA). Pursuant to this rule, the travel ban, which applies to citizens of Iran,...
Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer One needs to be physically present in the U.S. to file an I-485. After the I-485 is filed, it generally is permissible to travel and return if one is in H or L status and has a valid visa "stamp." Otherwise, one should await the...
Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...
