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...
Answer There is no inherent problem with pursuing OPT, assuming that one follows the rules. It is important to discuss all proposed OPT employment with one's designated school official (DSO), to make sure that one is compliant with the requirements. (23.Jul.2018)In frequent sessions of our Chat,...
Answer One normally could continue to work pursuant to the original H1B petition until it expires, assuming that this employment is still available. The one exception would be if the USCIS made a negative "status" determination in the amendment denial, which generally would not be the...
Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
On May 14, 2018, the United States Citizenship and Immigration Services (USCIS) reaffirmed the I-140 petition approval in Matter of V-S-G, Inc. and, shortly thereafter, approved the applicant's I-485. This represents a huge victory for beneficiaries of approved I-140s and pending I-485s who port to...
It is important that F-1 students working pursuant to optional practical training (OPT) present proper documentation to U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs) to demonstrate that they can resume employment when they return. Additionally, they should be prepared...
On July 5, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA...
Answer One who is not on U.S. soil generally is not subject to U.S. immigration law, so this normally would be fine. There may be tax implications to discuss with a CPA, however. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
