Answer If an H1B is denied, the challenge of the decision - usually a motion to reopen / reconsider - does not keep the foreign national legally in the U.S. The MTR or appeal only helps if it is granted and the case is approved. (15.Aug.2016)In...
Answer It is possible to file a COS to F-2 while an H1B COE is pending. But, if the pending H1B COE petition is serving as a 'bridge' for your status, then it typically would need to be approved before the F-2 COS application can be...
Answer If the H-4 visa stamp is valid and unexpired, it could be used to reenter the U.S., as long as one is still married to the primary beneficiary in H1B status. The POE officers need proof of H-4 eligibility, such as a copy of the...
Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer The H1B generally stays valid through its expiration date or until the H-4 COS is approved, which ever comes first. Once the COS is approved, you must stop working until and unless you obtain an H-4 EAD. (08.Aug.2016)In frequent sessions of our Chat, Sheela Murthy...
Answer The prudential revocations of visas due to a DUI only impact the visa "stamp," not the person's status. Further, this generally has no impact on the H-4 spouse's visa. There is no need for the H1B worker to have a valid visa stamp in order...
Answer The H1B petition must be approved for one to be considered to have been counted against the cap. Thus, no other employer can file as cap exempt until the first cap-subject case is approved. (08.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The six years of H1B time is set by statute and cannot be extended for humanitarian reasons. It can only be extended based upon recapturing unused time abroad or based upon a qualifying GC case. If the status is ending, and the family cannot travel...
Answer H1B status could be regained by filing an H1B petition via PP. But, it is likely that one would have to file this via consular processing, as it is not particularly likely one would be able to change from H1B to B and back to...
Answer It is possible to travel while the H1B is pending. However, the request to change status will be abandoned. This means that, in order to actually change to H1B, it would typically be necessary to travel again and request the H1B visa 'stamp' at the...
