Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....
Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...
Answer Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would...
President Trump has agreed to support a bill that would reopen the government through February 15, 2019. Congress is expected to quickly pass the bill, perhaps as soon as sometime this evening. The bill would not include any funding for President Trump's proposed wall on...
A new online fee calculator has been added to the U.S. Citizenship and Immigration Services (USCIS) website to help stakeholders properly calculate the amount owed when applying for certain immigration benefits. This calculator is designed to help reduce the number of applications and petitions the...
As predicted, the U.S. Citizenship and Immigration Services (USCIS) has updated its adjustment of status filing charts webpage to indicate that only the less favorable final action (FA) chart can be used for employment-based cases in the February 2019 Visa Bulletin. The date for filing...
The U.S. Citizenship and Immigration Services (USCIS) has released a policy memorandum that provides USCIS officers with guidance on when the in-person interview requirement may be waived for the beneficiary of a petition to remove the conditions on residency (form I-751). Background on I-751 Petition to...
Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...
Answer There is no automatic extension of work authorization based on a pending H-4 EAD extension. If the H-4 EAD has expired, one is no longer permitted to work until the new EAD is received. One who works after the EAD has expired likely is working...
