Answer The H-4 EAD program only allows a qualifying H-4 spouse to apply for an EAD. Unfortunately, an H-4 dependent child is not eligible to apply for an H-4 EAD. (02.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...
Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is...
Mr. Don Heflin, the Minister Counselor for Consular Affairs at the U.S. Embassy in India, recently conducted a question-and-answer session to update the public on the state of visa appointments at U.S. consulates in India. Staffing Levels Mr. Heflin noted that staffing levels at the consulates have...
Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable...
The D.C. Circuit Court recently ruled in favor of the U.S. government in a lawsuit brought by a worker's union, holding the F-1 optional practical training (OPT) and STEM OPT programs were lawfully enacted. The union unsuccessfully argued that the statute passed by Congress that...
Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...
Answer There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would...
The U.S. Citizenship and Immigration Services (USCIS) announced today that the response time flexibility, initially announced on March 20, 2020, is being extended. This extension applies to qualifying USCIS requests issued through January 24, 2023. Response Time Flexibility The USCIS has extended the response time flexibility for...
Answer In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a...
