11 Mar 2019

USCIS Revises Policy on Travel While AP is Pending

The policy regarding overseas travel, while an I-131 application for advance parole (AP) is pending, has been updated by the U.S. Citizenship and Immigration Services (USCIS). Effective immediately, the USCIS will not deny a pending I-131 renewal based on overseas travel by the applicant, as...

11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

28 Jan 2019

I have a pending adjustment-of-status application and have been issued a combination Employment Authorization Document and Advance Parole card. Can I take a vacation cruise to other countries and return to the United States?

Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...

28 Jan 2019

I am in the United States in H1B classification. My employer has filed an amendment of my H1B petition. Can I travel while my H1B amendment is pending?

Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....

14 Jan 2019

My EB3 I-140 is approved and my I-485 is pending. Is leisure travel / vacation outside the U.S. allowed using my advance parole (AP) document?

Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.2019)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...

22 Dec 2018

NewsFlash! Partial Government Shutdown Now in Effect

A partial shutdown of the federal government is now in effect because Congress was unable to pass a new budget or continuing resolution. This also means that several immigration programs are temporarily suspended, including the regional center portion of the employment-based, fifth preference (EB5) immigrant...