08 Jul 2021

Overview of COVID-19 Travel Restrictions and National Interest Exceptions

Due to the COVID-19 pandemic, foreign nationals traveling to the United States from certain countries have been subject to travel restrictions based on several presidential proclamations. The presidential proclamations currently in effect suspend entry to the United States of certain individuals who were present in...

01 Jul 2021

My current employer is filing an H1B extension for me. I have another prospective employer that is going to file an H1B change of employer for me at about the same time. Will having two petitions filed at the same time be a problem?

Answer Ordinarily, having an H1B extension filed by one employer would have no impact on an H1B change of employer petition filed by a different employer (and vice versa). (01.Jul.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

10 Jun 2021

I filed an I-140 downgrade case in October along with my I-485, and both are still pending. Can I use AC21 to port to a similar position with a different employer?

Answer Technically speaking, to qualify for AC21 portability when the I-140 is still pending, the I-140 must be "approvable when filed." Assuming all the standard AC21 requirements are met (e.g., porting to the same or similar job), this may be an option, but it is not...

03 Jun 2021

My wife has an H-4 visa, which was stamped with my previous employer. It is valid through 2022. Do I need to file the H-4 extension now, or can it wait until right before it expires?

Answer First off, if a person is in the U.S., the expiration date of the H-4 visa "stamp" has no impact on one's status. Status generally is determined by one's I-94 expiration date.Second, both H-4 status and the H-4 visa stamp are not tied to any...