Answer The most likely potential issue here would be the H1B "cap." Some nonprofits are cap-exempt. If the H1B petition filed by the nonprofit was filed as cap-exempt, and the beneficiary has never otherwise been counted against the H1B cap, it is very likely that the...
Answer The normal strategy in this situation would be to file a motion to reopen within 30 days of the decision. One may be "unlawfully present" in this scenario, so time is of the essence. One should discuss the situation in detail with an experienced immigration...
Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...
Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....
Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...
Answer Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would...
Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.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 here.Access...
Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...
Answer There is no automatic extension of work authorization based on a pending H-4 EAD extension. If the H-4 EAD has expired, one is no longer permitted to work until the new EAD is received. One who works after the EAD has expired likely is working...
Answer In general, filing another I-140 would have no impact on an already approved petition. If the EB1 petition is approved, it could be "interfiled" into the pending I-485 and likely would reduce the waiting time for I-485 approval. (14.Jan.2019)In frequent sessions of our Chat, Sheela...
