Answer This means that the petition was filed with the intention that, once it is approved, the beneficiary will use it to apply for a visa "stamp" at a consulate abroad. This is as opposed to filing for an extension or change of status from within...
Answer Travel while a change of status request is pending normally results in automatic cancellation of the COS request. The H1B can still be approved for consular processing. This happens automatically, and there typically is no way to overcome this in an RFE response. (13.Aug.2018) In frequent...
Answer Assuming the H1B petition included a change-of-status request, international travel would result in the status request being abandoned. This means the petition could still be approved, but essentially it would convert to a request for consular processing. In order to enter in H1B status, it...
Answer One normally would be in a "period of authorized stay" and be permitted to remain in the U.S. until a decision is issued on the pending change-of-status application. (06.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
As discussed in the MurthyDotCom NewsBrief, Nonimmigrant Visa Revocation Update for Those with DUI (16.Feb.2016), the U.S. Department of State (DOS) can prudentially revoke a visa foil (commonly referred to as a visa "stamp") for those convicted, or even just arrested, for driving while under...
Answer If the second work location is within "normal commuting distance" of the original work location, a new LCA might not be needed. However, if the second clinic is not within normal commuting distance, a new LCA and amended H1B petition probably would be necessary. Also,...
Answer An appeal does NOT grant you any status. You may be unlawfully present during this time period, which can have very serious consequences. You should consult an attorney immediately. (30.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer One potentially could travel and reenter on another valid visa "stamp." However, there are some complex legal issues here, if one has become unlawfully present based on the extension denial (i.e. potential automatic revocation of the visa stamp). Further, the U.S. Customs and Border Protection...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced a delay in the implementation of the June 28, 2018 memorandum expanding the situations in which a foreign national is to be issued a notice to appear (NTA).The NTA memo initially called for the USCIS...
On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum that increases the discretion of USCIS adjudicators to deny applications, petitions, or requests for immigration benefits without first issuing a request for evidence (RFE) or a notice of intent to deny...
