Answer Yes, this is a fairly common situation. U.S. immigration law does not prohibit a person from residing in Canada (or Mexico) and regularly commuting to the U.S. to work in H1B status. (18.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer No, it does not appear that admission will be granted based on an NIE issued during the COVID travel ban. The executive order does not specifically address this question, but a number of consulates have confirmed that the NIE program has been rescinded and replaced...
Answer If the principal spouse enters on advance parole, then typically the dependent spouse is no longer eligible to maintain valid H-4 status. (11.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...
Answer You can file a writ of mandamus against the USCIS to try to force the agency to adjudicate your case. If the court agrees that there has been an unreasonable delay in adjudicating the case, the judge could order the USCIS to complete its adjudication.That...
Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...
Answer The B-2 visa "stamp" is an entry document. As long as it is valid at the time admission is requested, one typically can be admitted for up to 6 months. If the I-94 is still valid, the expiration of the visa "stamp" has no impact...
Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine...
Answer There are no immigration rules that prohibit how often a person in H1B status may move between employers. As long as the individual can demonstrate that valid status etc, was maintained, the mere fact that the person moved through multiple employers normally would have no...
