Answer If the correct filing fee(s) are not included with an application or petition, the USCIS typically will reject the filing and return the entire package to the applicant or petitioner. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Even though this is out of their control, if they do not leave the U.S. or apply for an extension of status prior to the expiration date on their I-94s, they will fall out of status and begin to accrue unlawful presence. There have not...
Today, the U.S. Department of Homeland Security (DHS) has announced that it will "adjust USCIS fees by a weighted average increase of 20 percent to help recover its operational costs." The final rule is expected to be published in the Federal Register on August 3,...
Answer No, generally speaking, a person may not enter the U.S. in H1B status unless that person is coming to work for the H1B petitioning employer. (20.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
The dean of Harvard University has advised its students that the legal settlement Harvard and the Massachusetts Institute of Technology (MIT) reached with U.S. Immigration and Customs Enforcement (ICE) regarding online courses does not apply to first-year students entering in F-1 status. This means that...
As previously reported, on July 14, 2020, U.S. Immigration and Customs Enforcement (ICE) reinstated the March 2020 policy, allowing F-1 and M-1 students to temporarily take all courses online during the COVID-19 pandemic. Following this announcement, however, numerous designated school officials (DSOs) have reported hearing...
Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020)Sheela Murthy and other senior attorneys...
The U.S. Department of State (DOS) has announced via Twitter that "[b]eginning July 15, US Embassies and Consulates may begin the phased resumption of routine visa services depending on local conditions." No further details have been provided.As previously reported, the consulates are not expected to...
Answer By its terms, the proclamation only applies to people who are NOT in the United States on the date that it went into effect (i.e., June 24, 2020). Therefore, one who was here on that date, should be able to travel and receive a visa...
Answer In general, when one has timely filed for an extension of status, one is permitted to remain in the United States until a decision is received from USCIS. This is considered to be a period of "lawful" stay. (06.Jun.2020)Sheela Murthy and other senior attorneys provide...
