top of page


🏵️曾琦律师入选2026 Super Lawyers🎉
We are proud to announce that attorney Qi Zeng has been selected to the 2026 New York Metro Rising Stars list in the field of immigration and real etstate law.
ZENG QI
Aug 41 min read


⏰ Bringing Your Child Along for I-751? Pay Attention to This 90-Day Rule
In marriage-based family immigration, when a parent files Form I-751—what many people call “removing the conditions” from a two-year conditional green card to obtain a regular 10-year green card—can the child be included in the same application? The answer depends on when the child obtained conditional permanent resident status. If the child obtained conditional permanent resident (CPR) status on the same day as the parent, or within 90 days after the parent obtained CPR stat
ZENG QI
4 days ago2 min read


🙅 Changing to F-1 Status From Within the U.S.? Financial Evidence Is Being Scrutinized More Closely‼️
Recently, while handling several I-539 Change of Status to F-1 cases, we noticed a trend that is worth highlighting: When it comes to proof of funds, you can’t just look at the bank account balance anymore. First, an important clarification: So far, we have not seen an official USCIS announcement explicitly stating that the “F-1 financial evidence review standard has been raised.” What we’re discussing here is an actual trend we’ve observed in recent cases. USCIS’s current Fo
ZENG QI
4 days ago2 min read


✅ H-1B → B-2 → Back to H-1B: How Can You Get Approved? ✅
For many H-1B holders whose status is about to expire, changing to B-2 visitor status can be a short-term transition strategy. Later, after finding a new employer, they may try to change back from B-2 to H-1B. However, in one case, the applicant received a B-2 RFE, with USCIS questioning whether the applicant had a genuine nonimmigrant intent when the B-2 application was filed. (See Figure 2.) The key trigger for this type of RFE was: While the B-2 application was still pendi
ZENG QI
6 days ago3 min read


H-1B Extension Filed? Don’t Forget Your I-9 Verification! 👍
If the current employer timely files an H-1B Extension, or an H-1B Amendment + Extension, the employee may generally continue working for up to 240 days after the expiration of their existing H-1B work authorization, as long as the extension petition remains pending. (See Figure 2 for the official USCIS guidance.) ⭐️ During this period, the employer mainly needs to do two things: 1️⃣ Update Section 2 of the employee’s existing Form I-9 In the Additional Information field of S
ZENG QI
7 days ago1 min read


💥 H-4 Can’t Automatically “Ride Along” With H-1B Premium Processing Anymore—But This Case Was Approved in Just 2 Days?!
We recently received a very smooth H-1B + H-4 approval case. The husband’s H-1B was filed first with premium processing, and the wife’s H-4 was filed afterward. For the H-4, we had already prepared ourselves for a separate and potentially longer wait. After all, the settlement agreement that allowed certain H-4 cases to benefit from the principal H-1B’s expedited adjudication expired in January 2025. And since these two cases were not filed concurrently, we definitely weren’t
ZENG QI
7 days ago2 min read


💥 Major Win | D/S Rule Scheduled to Take Effect on September 15 Has Been Temporarily Paused
✋ International students, Attorney Xiaozeng has to quickly share this breaking good news with you! DHS originally planned to eliminate the D/S (Duration of Status) system that F-1, J-1, and certain other nonimmigrant statuses have traditionally used for long-term stays, replacing it with a fixed period of admission. But just one day before the new rule was scheduled to take effect, a federal court ordered that its implementation be temporarily paused. This pause means more th
ZENG QI
7 days ago2 min read


🚨 The New F-1 Rule Has Been Temporarily Paused — But It Has NOT Been Permanently Eliminated
At 4:55 PM on September 14, 2026, U.S. District Judge F. Dennis Saylor IV of the District of Massachusetts issued a Preliminary Injunction Order. See Figures 1 and 2 for the court’s original language. The court has temporarily paused the effective date of the new F-1 rule and prohibited DHS and ICE from continuing to implement the Final Rule. ⚠️ Important: This does NOT mean the new F-1 rule has been permanently eliminated. For now, things will continue to operate under the p
ZENG QI
7 days ago2 min read


🚨 Could the H-1B 60-Day Grace Period Really Be Eliminated?
Many people have probably seen this news circulating over the past few days. Let’s start with the most important point: Yes, there is a proposal—but it is still only a proposed rule and has NOT officially taken effect yet! That said, it may be a good idea to start preparing a concurrent H-1B as a potential backup option. Under the current rules, most people are familiar with the 60-day grace period: If you are laid off from your H-1B job or leave your employer, you generally
ZENG QI
Sep 113 min read


📒 What Happens After an H-1B Is Withdrawn or Revoked? ❓
Many people ask: “After my H-1B is withdrawn or revoked, will I receive a notice from USCIS? And what will my Case Status show when I check it using the receipt number?” Actually, the follow-up notices and Case Status can be different depending on whether the H-1B had already been approved or was still pending when the employer requested the withdrawal. Today, Attorney Xiaozeng will walk through real-world cases involving two different situations: an already-approved H-1B and
ZENG QI
Sep 102 min read


💥 I-864 Adds Credit Check Authorization‼️
On August 31, 2026, USCIS suddenly updated Form I-864, Affidavit of Support. The currently valid edition is 08/24/26, and the previous edition became invalid immediately, with no grace period. In the new I-864, Part 8, Sponsor’s Declaration and Certification, on Page 10, USCIS added a new credit information authorization requirement (see Figure 2). Other than this change, the information required is largely the same as in the previous edition. This update gives USCIS and the
ZENG QI
Sep 92 min read


Your Visa Priority Date Is Current, But You’re Still Waiting for the NVC Welcome Letter? It May Have Been Sent Years Ago!
Recently, many applicants in the F4 category—brothers and sisters of U.S. citizens—finally became current. Chart A suddenly moved from September 1, 2009, to October 22, 2011. The 2011 priority date was nearly 15 years ago. After waiting all these years, some applicants finally became current, but they are still sitting around waiting for the NVC Welcome Letter, thinking that NVC will only send it after their priority date becomes current and that they can only begin the immig
ZENG QI
Sep 92 min read


F-1 Cap-Gap: If Your H-1B Is Withdrawn or Revoked, Do You Have to Leave the U.S. Immediately?
We often get questions like: “My employer filed an H-1B petition for me, and my OPT has already expired. I’m currently working legally under the cap-gap extension, but before my H-1B status becomes effective, I was laid off and the H-1B petition was withdrawn or revoked. Do I have to leave the U.S. immediately?” The answer is: Generally, no. Under the applicable rules, an F-1 student whose underlying H-1B petition is denied, withdrawn, or revoked in the cap-gap context may ge
ZENG QI
Sep 83 min read


🔥 F4 Priority Date Suddenly Moves Forward! Get Your NVC Documents Ready Early
This month, F4 Chart A suddenly advanced from September 1, 2009, to October 22, 2011—a jump of more than two years! (See Figure 2) 🤔 Many applicants actually received their NVC Welcome Letter a long time ago (see Figure 3 for an example). Even though their Chart A priority date had not yet become current: Some applicants had already completed fee payments, DS-260, police certificate/notarized documents, Form I-864, and had even received an NVC case complete/ documentarily co
ZENG QI
Sep 82 min read


H-1B Approval Notice | Law Firm Address ≠ Employer Address
When filling out Form I-539 (Application to Extend/Change Nonimmigrant Status), if you have had employment since your most recent entry into the U.S., the form may ask you to provide information such as: ✅ Whether you engaged in unauthorized employment ✅ Employment start and end dates ✅ Employer’s name ✅ Employer’s address ✅ Weekly salary, etc. In many cases, we refer to the H-1B Approval Notice (Form I-797A) when completing the employer information. However, there is one par
ZENG QI
Sep 32 min read


Can You Apply for a Marriage-Based Green Card If You Marry a U.S. Citizen While Your EB-5 I-829 Is Pending?
Recently, someone asked: “I’ve already filed my EB-5 I-829 petition to remove conditions, and it’s still pending. If I marry a U.S. citizen during this period, can I directly file an I-485 for a marriage-based green card?” Simply put: In general, this is not a straightforward or recommended approach. 1️⃣ First, what is your status while the I-829 is pending? Filing an I-829 does not mean that your two-year conditional green card status has ended. The EB-5 process generally wo
ZENG QI
Sep 33 min read


Entering the U.S. on a TN Visa: Why Can’t You Find Your Travel History?
The TN Visa is a temporary work status under the USMCA (United States-Mexico-Canada Agreement). It allows eligible Canadian and Mexican citizens to temporarily enter the U.S. to work in certain qualifying professions. 1️⃣ Canadian citizens entering the U.S. may not always have an airport arrival/departure record In Travel History, CBP generally displays entry and departure dates as well as arrival airport information. However, for Canadian passport holders entering by land, a
ZENG QI
Sep 32 min read


I-864 Update: Sponsors May Now Be Subject to Credit Report Checks
On August 31, 2026, USCIS suddenly updated Form I-864, Affidavit of Support. The currently valid edition is 08/24/26, and the previous edition became invalid immediately, with no grace period. In the new I-864, Part 8, Sponsor’s Declaration and Certification, on Page 10, USCIS added a new credit information authorization requirement (see Figure 2). Other than this change, the information required is largely the same as in the previous edition. This update gives USCIS and the
ZENG QI
Sep 12 min read


Breaking: Old Form I-864 for Family-Based Immigration Became Invalid Immediately on August 31
⚠️ Family-based immigration applicants, take note! Form I-864 has been updated, and the old edition became invalid immediately after August 31. If you’re applying for family-based immigration or a marriage-based green card, this is something you definitely need to know. USCIS officially updated Form I-864, Affidavit of Support, on August 31, 2026. As shown in Figure 2, the USCIS email notification indicates that the updated form was posted at 4:33 PM Eastern Time on August 31
ZENG QI
Aug 312 min read


Interview at the Guangzhou Consulate Got Stuck? Here’s How to Request a Certified Copy of Your Divorce Decree
Many applicants are asked to provide additional U.S. divorce-related documents during their interview at the Guangzhou Consulate. One of the most important documents is a certified copy of a final legal divorce decree (Figure 2: Guangzhou Consulate Interview Document Checklist). So, how exactly do you request a certified copy? Attorney Xiaozeng uses Lincoln County, Washington as an example and has organized the complete process. For detailed step-by-step instructions, check o
ZENG QI
Aug 311 min read
bottom of page
