Answer It is permissible to travel with an amendment pending. If there is a valid H1B visa 'stamp' and approved petition for reentry, this typically is sufficient. It may be best to have the amendment receipt notice, in case of any questions. If the amendment is...
Answer There isn't a specific rule. It is a case-specific judgment call at the port of entry where the officer may take into consideration various factors, including duration and frequency of previous visits. Typically, the recommendation is to wait at least six months abroad following a...
Answer There is no law requiring the use of an attorney for immigration cases. There are, however, many things that can and do go wrong when cases are prepared without proper legal advice. Some companies do H1Bs internally, but very few try PERMs on their own....
Answer The beneficiary of an I-130 petition is not automatically prohibited from entry on valid a valid B-1/B-2 visitor visa. That being said, U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign...
Answer It is risky to leave the initial sponsoring employer prior to the 180-day mark. Simply filing the H1B would not automatically result in the loss of the I-485. But, if one does not plan to return to the sponsoring employer upon issuance of the green...
... My pre-completion OPT, however, has been approved until the end of the next term. My DSO told me that my early graduation will result in a termination of my pre-completion OPT. Can I apply for post-completion OPT now? Answer Unfortunately, there is no easy way to...
Answer The answer depends upon whether or not the individual meets the statutory requirements for days in the U.S. If the basic requirements aren't met, then there is nothing to appeal. There may be an option to refile at a later time (or even now, if...
Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...
Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...
Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.2015)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...
