03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

01 Dec 2022

I was working on a project in New Jersey in H1B. I recently traveled to India and got my visa stamped. Yesterday, my U.S. employer notified me that they are filing an H1B amendment for me because they want to move me to a project in California. Can they file the amendment now? Once the amendment is approved, can I still use my existing H1B visa?

Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...