13 Feb 2020

My H1B extension was recently denied. On the denial notice, it says that we have 30 days to file an appeal or motion. Does this mean I am allowed to stay in the U.S. for 30 days while we decide what to do? If we do appeal, can I stay in the U.S. while the appeal is pending?

Answer Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once...

13 Feb 2020

My H1B petition is valid for 2 years, but I do not have a visa stamp, and my Indian passport expires in 4 months. I am visiting my family in India next week. Is it ok to apply for a new H1B visa stamp now?

Answer Generally speaking, as long as the passport and H1B petition are still valid, the consulate has the discretion to issue a new H1B visa "stamp." However, if you do not have a new passport by the time you return to the U.S., the Customs and...

06 Feb 2020

Federal Judge Issues Permanent Injunction Against Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants

Today, a federal district court judge issued a nationwide permanent injunction against the U.S. Department of Homeland Security (DHS) from enforcing the August 9, 2018, policy memorandum by the U.S. Citizenship and Immigration Services (USCIS) that sought to greatly expand the situations in which nonimmigrants...

06 Feb 2020

My uncle (father’s brother) is a U.S. citizen. Can he sponsor me for a green card?

Answer No, generally speaking, a foreign national cannot be directly sponsored for a family-based green card by their aunt or uncle. (06.Feb.2020)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...