The U.S. Customs and Border Protection (CBP) recently announced expansion of the biometric exit technology pilot program to Washington Dulles International Airport, Chicago O'Hare International Airport, George Bush Intercontinental Airport in Houston, and McCarran International Airport in Las Vegas. The program uses facial recognition technology...
Answer In general, one in this situation is considered to have been 'counted against' the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (14.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and...
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...
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...
The Freedom of Information Act (FOIA), in the broadest sense, provides any person with the right to request access to information and records from any federal government agency. There are many ways that filing a FOIA request can help resolve long-pending immigration cases, but there...
Answer If one's spouse seeks to enter on an H-4 visa, then the principal must enter in H1B status. If the principal enters on AP, the dependent spouse would not be eligible for H-4 status. (07.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer In general, an approved I-140 can be used to extend H1B status beyond 6 years, regardless of the job or employer. (07.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
The L1A intracompany transferee classification is designed to allow a qualifying multinational company to transfer a foreign national executive or manager to a related entity in the United States. For an L1A petition, the employer typically must demonstrate to the U.S. Citizenship and Immigration Services...
Foreign nationals requesting admission (or readmission) to the United States in H1B status, especially those serving as consultants in the IT industry, are facing increased scrutiny from U.S. Customs and Border Protection (CBP) officers stationed at U.S. ports of entry. One tool CBP officers frequently...
Answer The USCIS sometimes inadvertently issues an approval for a longer duration than is legally allowed. In general, one should not rely on these USCIS errors, because the USCIS generally will not consider themselves bound by their own mistakes. Assuming you do not qualify for the...
