26 Jul 2016

I left the U.S. in the middle of my program of study in F-1 status because of a family emergency. I am ready to return to the U.S. this afternoon, after being outside for one week, but I just realized that my I-20 has not been signed by my DSO for travel. Will I be able to reenter the U.S.?

Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...

18 Jul 2016

I signed an offer letter with my current H1B employer that includes a 2-year commitment. I am not happy with my work conditions and now wish to move to a different employer. Will USCIS deny a change of employer request because of the offer letter?

Answer Immigration law does not prevent people from making changes due to contracts, etc. The USCIS does not get involved with these matters. Immigration laws prohibit employers from penalizing H1B workers for making job changes. Check with an employment lawyer about the enforceability of the agreement....

18 Jul 2016

Employer B filed an H1B change of employer petition. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, this would not impact either petition. H1B petitions are generally separate, independent petitions. Both petitions could be approved or not; but, typically, one case would have no impact on the other. (18.Jul.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...