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20 Jul 2023

My application for optional practical training (OPT) was recently denied, and I wish to file a motion to reopen and/or reconsider the denial. As a backup option, in case the motion is not successful, can I also transfer to another program of study?

Answer Ordinarily, if you transfer your F-1 SEVIS record to another program of study, you will no longer be eligible for OPT based on your previous degree. Therefore, even if the denial decision was issued in error, the USCIS would normally not be able to reopen...

06:50 / FAQs / For Individuals / Student
13 Jul 2023

Last year, I was laid off by my H1B employer, so I returned to my home country. The employer withdrew my H1B petition and, on the USICS website, it shows that my petition has been revoked. I recently got a job offer and the H1B petition was approved. Can I enter using my existing visa stamp?

Answer Typically, if an H1B visa "stamp" is facially valid / unexpired, it can be used, along with an approved H1B petition, to request admission in H1B status. The fact that the previous petition has been withdrawn by your prior employer normally would have no impact...

07:35 / FAQs / For Employers / For Individuals / Travel / Worker
13 Jul 2023

I am a naturalized U.S. citizen. My father is ill, and I am going to travel back to India to take care of him. I may be gone for an extended period. Do I have to inform the USCIS?

Answer An extended stay abroad normally would have no impact on one's status as a U.S. citizen. There is ordinarily no need to notify the USCIS of travel abroad, even if it will be for an extended period. (13.Jul.2023)Sheela Murthy and other senior attorneys provide guidance...

07:32 / Citizen / FAQs / For Individuals / Travel
13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

07:29 / AOS/CP (Family) / Consulates / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident / Travel
06 Jul 2023

I am currently working in H1B status. A few years ago, my U.S. citizen brother sponsored me for a green card. Since I am in the U.S., will that help my case move any faster?

Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...

16:02 / Family Based / FAQs / For Individuals / Resident / Worker
28 Jun 2023

I was just laid off from my H1B position. I hope to find a new H1B employer before the end of my grace period. If I don’t, I will apply for a change of status to B-1/B-2. By what date do I need to file the I-539? Do I need to get the receipt notice before the end of my grace period?

Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...

20:18 / FAQs / For Individuals / Visitor / Worker
28 Jun 2023

I have an approved I-140 through Employer A for a Java Developer position. After leaving that company, I eventually was promoted into management by Employer B. Earlier this year, my I-140 through Employer B was approved for a managerial role. Last week, I was laid off by Employer B. If my priority date becomes current in October, and the job with Employer A is still available, could I file an I-485 based on the old I-140?

Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not...

20:12 / Employment Based / FAQs / For Employers / For Individuals / Resident