14 Nov 2016

I changed from F-1 to H1B status more than 5 years ago. I have not left the U.S. in all this time, so I have never gotten an H1B visa stamp. Would this create a problem if I go for stamping now?

Answer There is no requirement that one apply for a visa "stamp" at any time - it is purely a travel document. The fact that one waits an extended period to apply should normally be irrelevant. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...

07 Nov 2016

My H1B was approved in 2011 under the master’s cap, even though I graduated from a for-profit university. The USCIS issued a NOID on my latest H1B petition based on the cap issue. What can I do?

Answer This is a problem that has been arising frequently in recent months. There have been many recent denials on this ground, so there is a high risk of rejection. But, depending on the circumstances, there may be arguments that can be made. You should consult...

07 Nov 2016

I’m working as a manager for a company in the U.S. I used to work as a manager abroad, but it was for an unrelated company. Can I file for EB1(c) as a multinational manager?

Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in...

03 Nov 2016

Most USCIS Filing Fees to Increase on Dec 23, 2016

On October 24, 2016 the U.S. Citizenship and Immigration Services (USCIS) posted a notice in the Federal Register announcing an increase in filing fees for most types of immigration filings. These fee increases are scheduled to go into effect December 23, 2016. USCIS Rationale for Fee...

31 Oct 2016

I am in H1B status and am marrying a U.S. citizen. Due to our work situation, we have to live in different states for the time being. Will this create any problems with my GC case filed through my spouse?

Answer As part of filing for a green card based on a marriage to a U.S. citizen, one must demonstrate the validity of your marriage (i.e. your joint life together). If the couple is living apart, they will need to provide documentation evidencing the cause for...

31 Oct 2016

Can an H1B worker also attend school full time?

Answer As long as the foreign national continues to work in accordance with the terms of the approved H1B petition, it generally is permissible to also enroll in school as a full-time student. (31.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...