The U.S. Department of State (DOS) recently updated the Foreign Affairs Manual (FAM), which provides official guidance to consular officers, in light of the 'Buy American, Hire American" executive order (EO) signed by President Trump on April 18, 2017. The DOS FAM update primarily serves...
Answer The H-4 EAD rule is apparently being reviewed by the Trump Administration, but there is no information on what the ultimate decision will be. If the administration does decide to terminate the program, it very likely will have to go through the rule-making process, which...
Answer Yes, to enter on F-1 OPT, a valid visa "stamp" is typically required (with the limited exception of travel to Canada or Mexico under the automatic visa revalidation rule). (21.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
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...
