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In a growing number of recent cases, U.S. Citizenship and Immigration Services (USCIS) has issued Notices to Appear (NTAs) in removal proceedings to H-1B workers—even when they had valid and timely-filed change of employer (COE) or change of status (COS) applications within the 60-day grace period following termination of employment. This marks a significant policy shift and raises questions about the security of the grace period, once considered a crucial protection for high-skilled foreign nationals. What Is the 60-Day Grace Period? Under 8 CFR § 214.1(l)(2), foreign nationals in certain nonimmigrant visa categories—including H-1B, H-1B1, E-3, L-1, O-1, and TN—are granted a discretionary...

When your green card application is pending, even routine international travel can quickly turn into a legal gray area. At VKM Law Group, we often advise clients navigating this stage of the immigration process to proceed with caution—especially when deciding whether to travel on Advance Parole or maintain H-1B status. While Advance Parole offers flexibility, it’s not without risk. In many cases, continuing on H-1B status can offer stronger legal protection and predictability. In this post, we’ll walk you through the key differences, risks, and best practices to help you make an informed decision. What Is Advance Parole? Advance Parole is a travel...

In a recent development that’s sending ripples across Indian applicants eyeing US visas, the United States has rolled out a fresh restriction: if you’re applying for a visa from the US, you now likely have to go back to your home country to apply. The change undermines flexibility and complicates what was already a soul-testing process.   What’s Changed, Exactly? No More Applying Abroad: As it stands, most visa applicants can’t use third countries (e.g. while on study/work/travel visas elsewhere) for visa interviews. You’ll have to return to India (or your country of citizenship) for processing. Exceptions Are Few & Far Between:...