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...
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...
Answer Any DUI arrest within the prior 5 years typically will result in a referral to a panel physician at the time of a visa interview. The embassy doctor will perform an evaluation to determine if the visa applicant has a drug or alcohol addiction. This...
As of Monday, July 24, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for certain cap-exempt H1B petitions. As explained in the USCIS news release:Premium processing will resume for petitions that may be exempt from the cap if the...
Answer Leaving the United States generally would not cause one to lose a priority date. A U.S. company typically could file a new PERM and I-140 for the individual, and transfer the old priority date to the new I-140. (24.Jul.2017)In frequent sessions of our Chat, Sheela...
