The U.S. Department of State (DOS) has issued new instructions, effective 06.Sep.2025, that may sharply curtail the practice of third-country national (TCN) visa processing. The new guidance signals that most nonimmigrant visa (NIV) applicants will be expected to apply from within their country of nationality...
Answer Ordinarily, a denial issued on an EB1 petition would have no negative consequences for your existing EB2 petition. (10.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2025,...
Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...
Answer If you interfile a prior employer’s I-140 to upgrade or downgrade, you are telling the USCIS that you plan to work for the prior employer once your green card is issued. That employer must still have a bona fide job available for you, and you...
In a significant policy shift, U.S. Citizenship and Immigration Services (USCIS) has announced its plan to eliminate the ability to pay filing fees using personal checks, money orders, or other forms of paper payments, with few exceptions. For decades, these paper-based payments have been a...
Answer Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140’s PERM application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...
Answer As a general matter, children age out at 21 years of age and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes...
Answer The OPT time does not work like H1B time. In most circumstances, once you use any portion of your OP, the rest is ‘use it or lose it.’ (02.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
On August 28, 2025, the U.S. Department of Homeland Security (DHS) published a proposed rule that would significantly change how F-1 students, J-1 exchange visitors, and I-1 media representatives are admitted to and allowed to remain in the United States. The most substantial change is...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
