Answer If a foreign national travels while a petition to change status is pending, the change of status request is considered to have been abandoned. For an H1B case, the petition could be approved in this type of situation, but without the COS (reflected in an...
Answer H1B workers on proper medical leave are considered to be in valid status. Thus, it would be possible to obtain a new H1B approval and even an extension of status in the U.S. if there is proof of the leave. However, it is important to...
Answer There may be an option to keep the I-485 going by using the AP for reentry. This can get a bit complicated, due to the need to renew it from within the U.S. But, it may be manageable if there is some ability to return...
Answer There is nothing that has changed at this time. There is mention of additional job flexibility as part of the executive actions, but no specifics have been released. This type of change likely requires a regulation. As it stands, there is a fair amount of...
... Unfortunately, my H-4 I-94 has recently expired and I did not file an extension application. May I still file an application for change of status from H-4 to F-1? If not, may I apply for an F-1 visa in Canada to come back in...
...His father got considerably worse and my husband has been taking care of him since his arrival in his parents’ home. Because of his father’s condition, he has to stay abroad for a few more months. Is my F-2 status in jeopardy while my husband...
Answer This depends on why there is no I-94. If an I-94 was requested, but not issued due to a finding of being out of status, then departure is needed (unless the finding is challenged successfully in a motion.) On the other hand, if no COS...
Answer There is a legacy INS memo that says it is ok to return to the dormant petition (prior company) in situations such as this one. However, that is not always the safest/best practice, as it creates a rather confusing history, among other issues. It is...
AnswerYes, an FB2A case would have no impact on your spouse's existing H1B status. There is no conflict between the H1B and the I-130 because 'immigrant intent' is not an issue for H1B workers.But, the H1B status cannot extended beyond the six-year limit based upon...
Answer Yes, but the connecting travel should be consistent with your stated purpose for coming to the U.S. If the purpose is to work in California, then there should be a connecting flight (or other travel plans) to get from NY to California. (15.Dec.2014)In frequent sessions...
