13 Jul 2018

NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...

09 Jul 2018

When an H1B change of employer to Company B is approved, is there a time limit to actually join Company B? Can one still continue with Company A?

Answer One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...

06 Jul 2018

NewsFlash! USCIS to Place Far More Foreign Nationals in Removal Proceeding, Per New Memo

Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)...

25 Jun 2018

I applied for an H1B visa stamp in India, but the consulate sent it for administrative processing, which has been pending for about a month. Now I have a job offer from a different employer. Can I transfer my H1B to new company and go for stamping once the new petition gets approved?

Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...