02 Jan 2020

I will soon be completing a J-1 medical residency program. I read online that it is possible to get a “no objection” waiver to the J-1 home residency requirement. How do I apply for this?

Answer There is a no objection waiver to the home residency requirement. Generally speaking, however, if a foreign national used the J-1 program to attend a medical residency program, they would not be eligible to use the no objection option. (02.Jan.2020)Sheela Murthy and other senior attorneys...

02 Jan 2020

Several years ago, my I-140 from Employer A was approved with a June 2015 priority date. Last year, I received an approved I-140 from Employer B, which lists the same June 2015 priority date. If I decide to move back to Employer A, can I transfer the priority date back to Employer A’s I-140?

Answer You don't exactly "transfer" the priority date from one I-140 to another. Rather, assuming the initial I-140 has not be revoked for fraud, misrepresentation, revocation of the LC, or material error, the beneficiary generally can retain that priority date for any other I-140. Doing so...

20 Dec 2019

January 2020 Visa Bulletin: Updated Predictions

The U.S. Department of State (DOS) has released the January 2020 Visa Bulletin. This month's visa bulletin also includes predictions for cutoff date movement in the coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Employment-Based,...

08 Nov 2019

NewsFlash! USCIS Proposes to Increase Filing Fees for Most Immigration Benefits

This evening, the U.S. Citizenship and Immigration Services (USCIS) announced a proposed rule to increase filing fees for most types of applications and petitions. It would also add a number of new fees and change certain other immigration benefit request requirements. The proposed rule is...

17 Sep 2019

Proposed Rule to End H-4 EAD Program Delayed Until At Least Spring 2020

On September 16, 2019, representatives from the U.S. Department of Justice (DOJ) submitted a filing to the U.S. Court of Appeals for the District of Columbia Circuit, indicating that the U.S. Department of Homeland Security (DHS) is still actively working on a rule to terminate...

12 Sep 2019

American Dream Fulfilled: Harry Houdini

From the time of this nation's birth, immigrants have crossed over to America's shores in the pursuit of a new life built with hard work, determination, and ingenuity. Their immense contributions are part of the very fabric of this country. To highlight the incredible talent...

12 Sep 2019

After my project in the U.S. ended, I returned back to India. Now, my former H1B employer would like me to do some work on a new U.S. project from my home in India. Do I need to get a new H1B approved first?

Answer As a general rule, U.S. immigration law does not apply if the individual is not physically in the United States. So, there normally would be no need to apply for any type of U.S. work authorization if you are going to be working outside the...