Answer One normally could continue to work pursuant to the original H1B petition until it expires, assuming that this employment is still available. The one exception would be if the USCIS made a negative "status" determination in the amendment denial, which generally would not be the...
Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
On May 14, 2018, the United States Citizenship and Immigration Services (USCIS) reaffirmed the I-140 petition approval in Matter of V-S-G, Inc. and, shortly thereafter, approved the applicant's I-485. This represents a huge victory for beneficiaries of approved I-140s and pending I-485s who port to...
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...
On July 5, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA...
Answer One who is not on U.S. soil generally is not subject to U.S. immigration law, so this normally would be fine. There may be tax implications to discuss with a CPA, however. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa "stamp" at a...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...
Answer One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...
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...
