On August 20, 2018, the U.S. Department of Homeland Security (DHS) provided a status update to the U.S. Court of Appeals for the District of Columbia Circuit, confirming that the agency is working to finalize a notice of proposed rulemaking (NPRM), which is expected to...
The Fourth Circuit Federal Court of Appeals recently ruled in Levya Martinez v. Sessions, that a theft conviction under Maryland law is not a "crime involving moral turpitude" (CIMT). A conviction of a CIMT can have a serious impact on a foreign national's eligibility for...
Answer Yes, international travel generally would have no impact on a pending (or approved) I-140. (20.Aug.2018)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 more FAQs here. Copyright...
Answer In order to change from H-4 to F-1, one would need to obtain an I-20 from the university's designated school official (DSO), then apply for a change of status (form I-539) with the USCIS. Keep in mind that one must be in valid status both...
Answer If one has an approved I-140 that is current valid and is maintaining valid H1B status, then the H-4 spouse in this situation should be able to apply for an H-4 EAD immediately. (20.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer At land borders, it's fairly common for the passport to not be stamped. This typically would not be a cause for concern. (13.Aug.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer In general, these types of applications would not affect an OPT extension. (13.Aug.2018)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 more FAQs here. Copyright © 2018,...
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...
