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...

14 Jul 2017

Federal Judge Expands List of Qualifying U.S. Relatives for Exemption to Travel Ban

On Thursday, July 14, 2017, a federal district court judge issued a preliminary injunction, preventing the Trump Administration from imposing the travel ban on those who have "…grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States." This expands...