Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...
Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...
Answer In general, it is not advisable to attempt to pursue a change of H1B petition employers until the "cap" H1B approval has taken effect - normally, October 1st or the date of approval, whichever is later. Attempting to file another H1B before this occurs can...
Answer In general, yes. If the job contained in the original H1B petition is still available, one could continue to work in that position until the petition expires, unless the USCIS has specifically ordered one to depart the United States in the denial notice for the...
Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer Yes, expert opinions are still an important part of most RFE responses, and should definitely be considered when responding to a "specialty occupation" RFE. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...
Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)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...
Answer The I-9 is a form that is retained in the employer's records. It only serves to confirm that the people employed by the company are legally authorized to work. It has absolutely no impact on one's immigration status. (17.Jun.2019)In frequent sessions of our Chat, Sheela...
Answer Assuming that the company has not yet filed an H1B petition, the proper visa for one in this situation would normally be a B-1/B-2 "visitor" visa. This type of visa is not "sponsored." However, a letter from the company, on company letterhead, inviting one to...
