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15 Jan 2016

I am currently working on OPT valid until April 15th. My employer will be filing an H1B petition for me with a start date of October 1st.

... I understand that, if the petition is accepted for processing, I will be eligible for the cap-gap benefit (i.e. the extension of my F-1 status with employment authorization) until September 30th, unless the petition is denied or withdrawn. Would I be able to continue...

08:35 / FAQs / Student
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14 Jan 2016

Immigrants’ Stories are America’s Story of Struggles and Triumphs

The renewed focus on our nation's immigration laws during this election cycle has prompted heated debate all along the political spectrum. President Obama referred to our "broken immigration system" in his final State of the Union address to Congress on January 12, 2016. It was...

12:30 / Blog / Immigration
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14 Jan 2016

February 2016 Visa Bulletin: EB2 India Advances Again

The U.S. Department of State (DOS) February 2016 Visa Bulletin was issued on January 8, 2016. This latest visa bulletin provides advancement of the final action (FA) cutoff date in the employment-based, second preference category for India, consistent with earlier predictions. Meanwhile, the date of filing...

08:24 / AOS/CP / AOS/CP (Family) / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
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11 Jan 2016

I am currently working on OPT valid until May. My employer will file an H1B petition for me in the first week of April for the start date of October 1st. …

... My DSO explained to me that, if my petition is accepted for processing, I will be eligible for the cap-gap benefit, which will extend my OPT authorization and F-1 status until September 30th. My wife and child are in F-2 status as my dependents....

14:18 / FAQs / Student
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11 Jan 2016

I have an Indian education with 10 + 2 + 3 (diploma) + 2 (bachelor’s degree) + 13 years of experience. Would I be eligible for an EB2 PERM position?

Answer The answer to this depends upon the requirements for admission to the 2-year bachelor's program. If it required 2-3 years post the 10+2, then it might equate to a 4-year degree. That is what matters - the 2-year degree, essentially, must be equivalent to years...

10:34 / Employment Based / FAQs / Resident
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11 Jan 2016

If a person with a pending I-485 and an EAD loses her job, what are the options?

Answer The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21...

10:32 / Employment Based / FAQs / Resident / Worker
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11 Jan 2016

Is it possible to apply directly for a green card while on the Australian E-3 visa?

Answer Yes, a company (or appropriate family member) could file a GC case for an E-3. The process typically is the same for most employment-based GC cases - PERM I-140/I-485. It would be important to consider timing with E-3 renewals, but it likely could be done....

10:30 / FAQs / Worker
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11 Jan 2016

Can small companies and/or startups sponsor H1B workers?

Answer Many small companies and startups file H1B petitions. Any U.S. company can file. The basic requirement is that the company must be able to show that it has a proper H1B position available (i.e. a job that requires a bachelor's degree in a field of...

10:29 / FAQs / Worker
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11 Jan 2016

Mechanism for Port of Entry Complaints / Compliments

The U.S. Customs and Border Protection (CBP) has several options for travelers to provide feedback, compliments, and/or complaints about the agency's employees. If a problem arises with a CBP officer, there are mechanisms for reporting the problem in person to a supervisor, as well as...

08:15 / Homeland Security / NewsBrief / Travel / Visitor
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08 Jan 2016

EB2 and EB3 India Advance a Bit in February Visa Bulletin

This afternoon, the U.S. Department of State (DOS) released the February 2016 Visa Bulletin. Once again, there is no change in the dates for filing (DF) chart for the employment-based categories. But, there is some forward movement in the final action (FA) chart.For India, the employment-based,...

14:17 / AOS/CP / NewsBrief / PERM Labor / Visa Bulletin
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