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...

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...

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...

02 Oct 2018

NewsFlash! USCIS Goes Back to Using “Dates for Filing Chart” in Oct 2018 Visa Bulletin for All Categories

This morning, the U.S. Citizenship and Immigration Services (USCIS) reversed course, updating the adjustment-of-status filing charts webpage yet again to indicate that the more favorable dates for filing (DF) chart dates may be used for both family- and employment-based cases in the October 2018 Visa Bulletin. No...

01 Oct 2018

NewsFlash! Employment-Based Cases Now Must Use “Final Action Chart” in Oct Visa Bulletin

Earlier today, the U.S. Citizenship and Immigration Services (USCIS) updated the adjustment-of-status filing charts webpage to indicate that only the less favorable final action (FA) chart dates may be used for employment-based cases in the October 2018 Visa Bulletin. The USCIS had previously indicated that...

24 Sep 2018

Is it possible for someone on an F-1 OPT visa to open their own business and work for themselves if that business is in their field of study?

Answer In general, self-employment is permissible during the initial 12-month period of OPT. Self-employment normally is not permissible during a STEM OPT extension, however. (24.Sep.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

24 Sep 2018

My husband’s H1B extension was filed for premium processing and my H-4 extension was included with his filing. His H1B was approved within a couple of weeks, but my case is still pending. Is this normal?

Answer This is not common, but it does happen occasionally. The USCIS typically will adjudicate the accompanying H-4 application quickly when the H1B petition is filed for premium processing, but this is done as a courtesy and is not required. (24.Sep.2018)In frequent sessions of our Chat,...