05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

15 Jun 2022

My H1B cap case was approved in 2014. After getting my H1B visa stamped, however, the company ran into financial problems. I ended up not ever coming to the U.S. in H1B status. I now have found a different company in the U.S. willing to hire me. Do I have to wait for next year’s lottery, or can the H1B be filed now?

AnswerThe USCIS technically considers a foreign national counted against the numerical H1B cap if he is granted a change of status to H1B, or if he is issued an H1B visa from a U.S. consulate abroad. Since you were issued an H1B visa, it should...

02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

19 May 2022

Can I file my I-485 from India?

Answer In order submit an I-485 application, one needs to physically be in the United States at the time of filing. If you wish to apply for a green card from India, the application normally would be submitted for consular processing (i.e., applying for an immigrant...