Generally, a foreign national is limited to a maximum duration of stay of six years in H1B status. The law, however, provides a few exemptions to this limitation. Depending on the circumstances, an individual may qualify to extend status in one- or three-year increments beyond...
Answer There does not seem to be much benefit to having an EAD based on one's L2S status. When the policy was announced, granting work authorization to L-2 dependent spouses incident to their status, the EAD was useful while waiting to obtain an I-94 updated with...
Answer Generally speaking, as long as the couple is legally married at the time the green card is issued, getting divorced after the green card is issued would not impact the validity of that green card. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer No, filing an I-130 petition on behalf of one's sibling typically would have no impact on that person’s pending or approved I-140. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
The U.S. Department of State (DOS) has released the September 2022 Visa Bulletin. This is the final visa bulletin for fiscal year 2022, and there is almost no movement in cutoff dates from the previous month. All cutoff dates listed refer to the dates in...
The impact of criminal issues (such as DUI and shoplifting) on nonimmigrant status and lawful permanent residence (i.e. green card) is the topic discussed in this teleconference from 08.Aug.2022.The MP3 is available here and in the archive of our teleconferences and podcasts on iTunes. Copyright ©...
In 2004, the U.S. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification...
Answer When the USCIS issues an RFE for medicals on a pending I-485 application, that may be an indication that the case is close to being approved. We tend to see this a lot as we approach the end of the fiscal year (i.e., September 30th).That...
Answer There is guidance indicating that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, we cannot entirely rule out the possibility that a CBP officer...
The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...
