Attorneys Law Firm Practicecontact us
14 Aug 2017

I am on H1B and have a pending I-485. I plan on moving to a new employer using AC21, and will work using my EAD, instead of H1B. Do I have to exit and reenter the country using advance parole prior to beginning at my new employer, so that I am not considered out of status?

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...

08:09 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
10 Aug 2017

USCIS Denying Advance Parole Applications Based on Overseas Travel

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...

08:05 / Employment Based / For Employers / For Individuals / NewsBrief / Resident / Travel / USCIS News / Worker
07 Aug 2017

I have an approved I-140 with Employer A, and I am about to complete six years on H1B. Can I file for an H1B change of employer / extension with Employer B, even if the new H1B position is completely different from the I-140 position?

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...

08:47 / Employment Based / FAQs / For Individuals / Resident / Worker
02 Aug 2017

NewsFlash! Trump, GOP Senators Propose Bill to Modify Immigration System, Slash Visa Numbers

Today, President Trump announced his support for a bill proposed by Republican Senators Tom Cotton (AR) and David Perdue (GA) that, if passed, would make massive changes to the U.S. immigration system. The proposal would replace the current employment-based immigration system with a merit-based system....

16:39 / Employment Based / Family Based / For Employers / For Families / For Individuals / Green Card Lottery / Immigrant Family / Legislation / NewsBrief / Resident
24 Jul 2017

If I move from H1B to H-4 EAD, would I be able to later convert back to H1B? Would I have to go through the lottery again?

Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.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...

12:48 / Employment Based / FAQs / For Families / Nonimmigrant Family / Resident / Worker
20 Jul 2017

August 2017 Visa Bulletin Check-in: Discouraging Predictions for FY18

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions nearly every month. The update this month for the August 2017 Visa Bulletin includes both some short-term predictions and some predictions for...

08:01 / EB5 Investor / Employment Based / Family Based / For Families / Immigrant Family / NewsBrief / Resident / Visa Bulletin