Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
Answer The I-140 and associated priority date would not normally be affected by a change in nonimmigrant status. (17.Jul.2017)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 An H-4 EAD is tied to one's spouse being in valid H1B status; it is not tied to any particular employer. A move to a different company by the H1B spouse ordinarily would have no direct impact on the spouse's H-4 status or the EAD....
Answer Normally, one who has timely filed a change-of-status application is in a "period of authorized stay" until a decision is issued, regardless of how long it takes. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
On Thursday, July 14, 2017, a federal district court judge issued a preliminary injunction, preventing the Trump Administration from imposing the travel ban on those who have "…grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States." This expands...
Last night, the U.S. Department of State (DOS) issued a cable to all U.S. embassies and consulates, providing instructions on how the partial travel ban is to be implemented. This is in response to a U.S. Supreme Court decision on June 26, 2017 to allow...
Attorney Generally speaking, a pending COS application would not impact one's existing H1B status. As long as the H1B petition remains valid, one typically could continue working through the expiration date of one's I-94, or until the COS is approved, whichever occurs first. (19.Jun.2017)In frequent sessions...
Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...
Attorney In general, one in this situation is cap exempt, unless the H1B was revoked by the USCIS for fraud or misrepresentation. (08.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
The U.S. Department of Homeland Security (DHS) is "actively reconsider[ing] whether to revise …" the regulation that allows certain H-4 spouses to apply for employment authorization documents (EADs). This news comes via a DHS court filing, which asks the court to suspend any action on...
