Attorneys Law Firm Practicecontact us
15 Oct 2018

My H1B change of employer was filed last month using premium processing. An RFE was issued, which my employer is now responding to. Will the RFE response be adjudicated using premium processing, even though premium is now suspended?

Answer If the petition was properly filed for premium processing before this service was suspended, the RFE response should still be adjudicated as a premium processing case. (15.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

10:49 / FAQs / For Employers / For Individuals / Worker
15 Oct 2018

My mother is applying to renew her visitor visa. Will it improve her chances of getting the visa issued if I provide her with an I-134 affidavit of support?

Answer One generally should not submit an I-134 unless it is required or specifically requested, as this can actually undermine the visa application. (15.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

10:46 / FAQs / For Individuals / Visitor
12 Oct 2018

NewsFlash! Use “Dates for Filing” Chart in Nov 2018 Visa Bulletin for All Categories

The dates for filing (DF) chart is to be used for all family- and employment-based categories in the November 2018 Visa Bulletin, per the U.S. Citizenship and Immigration Services (USCIS) update to its adjustment-of-status filing charts webpage. This is the second month in a row that...

15:04 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
08 Oct 2018

I have a valid H1B visa “stamp” in my passport. If I apply for an L1A visa, will that cause the consulate to cancel the H1B visa?

Answer In general, applying for one type of visa should not cause a consular officer to cancel a different visa in one's passport. However, this does sometimes happen. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

15:56 / Consulates / FAQs / For Individuals / Worker
08 Oct 2018

If I quit my H1B job, am I eligible for the 60-day grace period? Or, does the grace period only apply if I am fired? Also, if I do get a grace period, what about my H-4 spouse?

Answer Yes, a person who resigns can still be eligible for the 60-day grace period, assuming one meets the other standard requirements (e.g., no violation of status, I-94 still valid). The same applies to one's H-4 dependents. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and...

15:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
08 Oct 2018

I am in H1B status and have an approved I-140. I plan to move back to India for the time being. Will I still be able to use my I-140 in the future?

Answer Yes, an approved I-140 can be converted to "consular processing" by the employer, and later used to obtain an immigrant visa and "green card," as long as the employer is still offering the same job. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other...

15:30 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
05 Oct 2018

Proposed Rule to Expand Definition of “Public Charge” to Be Published on Wednesday

The U.S. Department of Homeland Security (DHS) is scheduled to publish a proposed rule on Wednesday, October 10, 2018, entitled Inadmissibility on Public Charge Grounds. This rule would greatly expand the categories of public benefits looked at to determine whether a foreign national may be...

15:41 / For Families / For Individuals / Homeland Security / NewsBrief / Resident / Student / Visitor / Worker