27 Jan 2016

Priority Date Retention & I-140 Revocation Protections: Proposed Regulation

As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) -...

26 Jan 2016

One Simple Question!

"I really don't need a consultation. I just have one simple question. …" Is this you? Read more to understand why a consultation may be what you need.Law in the United States, at the federal and state levels, is very complex, with endless subtleties, gray...

25 Jan 2016

NewsFlash! STEM OPT Extended

On January 23, 2016, the U.S. District Court for the District of Columbia granted the U.S. Department of Homeland Security (DHS) an additional three months to complete its review, and possible incorporation, of public comments for its proposed, revised STEM OPT regulation, which was previously...

25 Jan 2016

My H1B was picked in the lottery last year, but it is still pending. My employer says it is tied up because of a security clearance and, therefore, cannot be moved to premium. Is this common? Any options?

Answer This does not happen often, but it happens. The only thing that can force a decision is a lawsuit against the government (i.e. writ of mandamus). Other than that, you can try getting help through a congressman / senator, or through the CIS Ombudsman's office. (25.Jan.2016)In...

25 Jan 2016

I moved to a new employer based on a pending I-485, but I never sent my AC21 notification to the USCIS. I just received an RFE asking for employment verification. Do I need to contact the old employer?

Answer If the RFE is the standard I-485 RFE, asking for an employment verification letter, the current, AC21-based employer can provide the letter. This assumes that the current employment meets the AC21 requirements. It does not matter that the work started without an AC21 filing. AC21...

25 Jan 2016

I was attending school for one year in valid F-1 status. In my third semester, I incidentally fell below the full course load and my DSO told me that I had to apply for reinstatement. …

... The USCIS has just approved my reinstatement application. I would like to apply for authorization for curricular practical training (CPT), and to register it as a practicum for credit. Am I eligible for CPT? Answer A student, whose F-1 status was reinstated, may be immediately eligible...