06 May 2019

I am on H1B and lost my job a few weeks ago. If I cannot find employment within 60 days of my last paycheck, do I need to go out of the country for visa stamping before I can join a new employer?

Answer If an H1B petition is filed within the 60-day grace period (i.e., 60 days of the last date of employment, not the last date of a paycheck), then it generally is treated as a timely filing and the individual is permitted to work based on...

06 May 2019

My I-140 is approved, my I-485 is pending, and my priority date is current. How long does it normally take to get called in for the in-person interview?

Answer The National Benefits Center (NBC) takes care of scheduling all interviews, however the timing of that appointment is based on availability at the specific office that has jurisdiction for where you live. Every office is different. There is some general processing information on the USCIS...

06 May 2019

Several years ago, the USCIS approved my H1B petition, which is still valid for a few more months. We recently filed an H1B extension for me to continue working in the same position. The USCIS denied my H1B extension, indicating that the position was not a specialty occupation. Can I continue working based on my previous petition until the I-94 expires?

Answer If the original petition is still valid, then yes, you should be able to keep working pursuant to that petition. In the meantime, your employer may wish to challenge the H1B denial, and/or consider refiling the H1B extension, providing additional evidence to support the argument...

03 May 2019

NewsFlash! Federal Judge Temporarily Blocks Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants

Today, a federal district court judge ordered immigration officials to temporarily cease enforcement of the August 9, 2018 policy memorandum that greatly expanded the situations in which those in F, J, or M status may begin accruing unlawful presence. This order stems from a lawsuit...

29 Apr 2019

I applied for an H-4 EAD renewal, and my current H-4 EAD is about to expire. Can I keep working while the renewal application is pending?

Answer Unfortunately, there is no automatic extension of work authorization upon filing the H-4 EAD extension. One must wait for the new EAD, if the existing one has expired, and is not permitted to work. (29.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other senior...

29 Apr 2019

I am in H-4 status, but do not have an H-4 EAD. Can I open an LLC and start an online business?

Answer One who is in H-4 status, without an EAD, is not permitted to be employed. Self-employment, or opening one's own business almost certainly would be considered unauthorized employment. (29.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...