15 Oct 2018

My H1B change of employer was filed last month using premium processing. An RFE was issued, which my employer is now responding to. Will the RFE response be adjudicated using premium processing, even though premium is now suspended?

Answer If the petition was properly filed for premium processing before this service was suspended, the RFE response should still be adjudicated as a premium processing case. (15.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

08 Oct 2018

I have a valid H1B visa “stamp” in my passport. If I apply for an L1A visa, will that cause the consulate to cancel the H1B visa?

Answer In general, applying for one type of visa should not cause a consular officer to cancel a different visa in one's passport. However, this does sometimes happen. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

08 Oct 2018

If I quit my H1B job, am I eligible for the 60-day grace period? Or, does the grace period only apply if I am fired? Also, if I do get a grace period, what about my H-4 spouse?

Answer Yes, a person who resigns can still be eligible for the 60-day grace period, assuming one meets the other standard requirements (e.g., no violation of status, I-94 still valid). The same applies to one's H-4 dependents. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and...

08 Oct 2018

I am in H1B status and have an approved I-140. I plan to move back to India for the time being. Will I still be able to use my I-140 in the future?

Answer Yes, an approved I-140 can be converted to "consular processing" by the employer, and later used to obtain an immigrant visa and "green card," as long as the employer is still offering the same job. (08.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other...

05 Oct 2018

Proposed Rule to Expand Definition of “Public Charge” to Be Published on Wednesday

The U.S. Department of Homeland Security (DHS) is scheduled to publish a proposed rule on Wednesday, October 10, 2018, entitled Inadmissibility on Public Charge Grounds. This rule would greatly expand the categories of public benefits looked at to determine whether a foreign national may be...

01 Oct 2018

NewsFlash! Employment-Based Cases Now Must Use “Final Action Chart” in Oct Visa Bulletin

Earlier today, the U.S. Citizenship and Immigration Services (USCIS) updated the adjustment-of-status filing charts webpage to indicate that only the less favorable final action (FA) chart dates may be used for employment-based cases in the October 2018 Visa Bulletin. The USCIS had previously indicated that...