11 Feb 2019

The USCIS online system shows my I-140 was approved, but I do not have a copy of the approval notice. If I apply to extend H1B status beyond 6 years with a different employer, do I submit a copy of the actual approval notice?

Answer It generally is possible to print out the case status result from the USCIS website, and submit this printout as proof that one has an approved I-140, and therefore qualifies for an H1B extension beyond 6 years. (11.Feb.2019)In frequent sessions of our Chat, Sheela Murthy...

04 Feb 2019

I am a U.S. citizen. Is it possible to sponsor my fiancé from Nigeria even though we have never met in-person?

Answer Normally, to be eligible for a K-1 visa, the couple must have met physically within two years prior. There are exceptions in which this is impermissible culturally, but these cases generally are difficult to get approved by the USCIS. (04.Feb.2019)In frequent sessions of our Chat,...

04 Feb 2019

I was recently laid off from my H1B position. If I find a company to file an H1B change of employer for me within my 60-day grace period, will I have to provide any special paperwork to show I’m in the grace period?

Answer Typically, if an H1B change of employer is filed during the 60-day grace period, no "special" paperwork would be required. As with most any H1B petition requesting status, one should provide evidence of having maintained status; if filing during one's grace period, such evidence may...

04 Feb 2019

The USCIS made an error in denying my I-485 application. The denial indicates that my priority date was not current when I filed the I-485, but the USCIS is mistaken. What do I do?

Answer The normal strategy in this situation would be to file a motion to reopen within 30 days of the decision. One may be "unlawfully present" in this scenario, so time is of the essence. One should discuss the situation in detail with an experienced immigration...

28 Jan 2019

I have a pending adjustment-of-status application and have been issued a combination Employment Authorization Document and Advance Parole card. Can I take a vacation cruise to other countries and return to the United States?

Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...

28 Jan 2019

I am in the United States in H1B classification. My employer has filed an amendment of my H1B petition. Can I travel while my H1B amendment is pending?

Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....

28 Jan 2019

When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?

Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant status...

28 Jan 2019

I am contemplating opening an LLC company. Can that company sponsor me for H1B classification if I own a substantial portion of the company? Can I apply for an H1B if I am self-employed?

Answer Although H1B classification generally is prohibited in self-employment situations, it nevertheless is possible to have an H1B filed through a company in which you have an ownership interest. However, that company must still be able to demonstrate control in an employer-employee relationship. Generally, that would...