25 Aug 2017

Murthy Takes Action: NSC Agrees to Stop Denying Advance Parole Applications Based on Overseas Travel

As reported in the MurthyDotCom NewsBrief, USCIS Denying Advance Parole Applications Based on Overseas Travel (10.Aug.2017) the U.S. Citizenship and Immigration Services (USCIS) began denying advance parole (AP) applications (form I-131), in recent months, for applicants who traveled abroad before their respective I-131s were approved. In...

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...

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...