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28 Aug 2015

USCIS Discontinuing Older eFiling System

The U.S. Citizenship and Immigration Services (USCIS) announced on August 24, 2015 that the agency's older eFiling system is being decommissioned. This system, which the USCIS now refers to as the "legacy eFiling system," has been replaced by the more modern Electronic Immigration System (ELIS). This...

07:42 / For Individuals / NewsBrief / Travel / USCIS News
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27 Aug 2015

DS-160 Confirmation Number Cannot Be Updated After Scheduling Interview

The Murthy Law Firm has learned about a significant procedural change for nonimmigrant (temporary) visa applications at U.S. consulates in India. More specifically, this shift in procedure relates to the online DS-160 form, which typically must be completed prior to scheduling an appointment to apply...

15:29 / Consulates / For Individuals / NewsBrief / Nonimmigrant Family / Student / Visitor / Worker
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26 Aug 2015

USCIS Issues Policy Memorandum on CSPA

The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on April 15, 2015, on a technical matter under the Child Status Protection Act (CSPA). U.S. immigration law generally limits dependent or derivative status to children who are under twenty-one years of age. In the...

07:41 / AOS/CP (Family) / Family Based / Immigrant Family / NewsBrief / USCIS News
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25 Aug 2015

Promotion of Immigrants to Top Level Positions at Tech Companies is Long Overdue

When tech giant Google announced earlier this month that it would be creating its own parent company named Alphabet Inc., reactions around the world were instantaneous. While the surprise declaration of the corporation's restructuring was lauded by some industry insiders as bold and innovative, others...

11:32 / Blog / Immigration
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24 Aug 2015

Can my employer start my green card processing while I am on OPT?

Answer Yes, a company can start a GC for someone on F-1/OPT. This does not disrupt the F-1/OPT status. But, for people from India, it is normally going to be necessary to change into H1B or some other work authorized status at some point to bridge...

15:21 / Employment Based / FAQs / Resident / Student / Worker
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24 Aug 2015

Is O-1 status a good option for a finance executive with 20 years of relevant experience?

Answer The O-1 category requires demonstration of extraordinary ability. This is a high standard, and has to be proven by extensive documentation of the qualifications, etc. It is not enough to simply be very experienced or good at one's profession. There would have to be some...

15:19 / FAQs / Worker
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24 Aug 2015

I am in my 7th year in H1B status and have an approved I-140, but my company is about to lay me off. Will this impact my green card process, and can I retain my H1B?

Answer The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number...

15:18 / Employment Based / FAQs / Resident / Worker
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24 Aug 2015

Can I file change of status to F-1 on my first entry with B-1 visa? Or, is it better to leave and apply for F-1 after my second entry on B-1?

Answer This isn't a simple question. The change of status from B-1 to F-1 is disfavored. That is why people cannot attend school while that request is pending - unlike other COS to F-1 requests. Further, one cannot enter the U.S. on B-1 with the intention...

15:16 / FAQs / Student / Visitor
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24 Aug 2015

I have been working on cap-gap OPT, after my EAD expired, based on my employer’s H1B petition that they filed for the start date of October first. …

... My H1B petition has just been approved with an I-94 for H1B status. I would like to travel back home for a short vacation in the last week of August and come back to continue working on OPT before my status changes to H1B...

13:43 / FAQs / H1B / Student / Travel / Worker
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24 Aug 2015

STEM OPT Could End in February 2016

On August 12, 2015, the decision was issued by a U.S. district court that will serve to terminate the 17-month optional practical training (OPT) extension program for F-1 STEM students unless the U.S. Department of Homeland Security (DHS) addresses the matter within the next 6...

08:27 / F-1 / For Employers / Homeland Security / NewsBrief
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