Answer If a person has a valid I-94 and is outside of their grace period, they generally are considered to be out of status. But, because the I-94 is facially valid, the person typically would not start accruing unlawful presence. (22.Dec.2025)Sheela Murthy and other senior attorneys...
Answer Filing an EB5 case normally would have no impact on one’s existing I-140 approval. That case can potentially still be used as a backup, in the unlikely event of running into problems with the EB5 filing. (22.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that...
Answer If a person has been counted against the H1B cap, they normally work in H1B status for a maximum of six years. If the individual has not utilized the full six years of H1B time, an employer typically can file an H1B petition on the...
Answer USCIS allows only specific applications / petitions to be filed online. Some can even be filed by uploading a .pdf of the form. For more information, visit this USCIS website. (16.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...
Answer We still are routinely seeing applications approved for people who apply for a change of status from H1B to B-2 while in their 60-day grace period. However, the USCIS has archived its webpage that specifically states looking for jobs while in B-2 status is permissible....
Answer Among other requirements, an N-470 application requires that the applicant was present in the U.S. for an uninterrupted year as a lawful permanent resident. (16.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer The pilot program that resumed domestic visa renewals ended in early 2024. At the time, the U.S. Department of State indicated that they expected to bring it back, and even expand eligibility to more nonimmigrant visa applicants.In May 2025, several members of Congress sent a...
Answer No. F-1 students who timely file for a STEM OPT extension still receive up to 180 days of automatic employment authorization and valid F-1 status while USCIS processes the application. The 29.Oct.2025 rule only impacts certain EAD renewal categories and does not change the STEM...
Answer Yes, as long as the familial relationship was formed before your I-485 application is approved, your spouse normally can file as your derivative. (10.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer Yes, generally speaking, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision – or, less likely, issue a second RFE or a notice of intent to deny (NOID) – within 15...
