Answer There is no receipt issued by the USCIS after an H1B registration is submitted. The closest thing to a receipt is an online confirmation message, which includes a registration number. But this is not the same thing as a traditional I-797 receipt notice. (13.Mar.2024)Sheela Murthy...
Answer If you are in the U.S. when the H1B petition is filed, the petition generally will be filed requesting a change of status. If you travel before the petition is approved, the status request will be abandoned, and the petition typically can be approved only...
Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter - not viewed as a violation...
Answer If you have H1B time remaining, it generally is possible for an employer to file an H1B petition on your behalf requesting the remaining period of H1B time. To be eligible for a new 6-year period of H1B time, however, one would have to be...
Answer Ordinarily, there is no requirement that an invitation letter be presented at all when requesting admission on a B-1 visa. However, they can be useful to present as evidence of the purpose of one’s visit. If such a letter is presented, there normally is no...
Answer In the past, for clients who are filing N-400 applications based on marriage to a U.S. citizen, we have only listed travel for the past 3 years, and have not found this to be an issue. (28.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that...
Answer An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period, even...
Answer A person typically qualifies for a new period of OPT after each educational level. The “master’s” period of OPT would be exhausted after completing an MBA, so one would not qualify after then completing a second master's degree. And, you cannot apply for a two-year...
Answer Generally speaking, any trips in and out of the U.S. should be listed, even if they do not appear on the CBP website. (21.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer There is no set length of time that a person must wait to request readmission on a B-1/B-2 (or B-2) visa. However, U.S. Customs and Border Protection (CBP) officers at the port of entry always have discretion to admit (or deny admission to) a person...
