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13 Jul 2015

Premium Processing Service to Resume for H1B Extensions

The U.S. Citizenship and Immigration Services (USCIS) announced this morning that acceptance of premium processing requests for H1B extension of status petitions would resume, effective today, July 13, 2015. Any premium processing requests for H1B extensions received before July 13, 2015 will be rejected.The USICS...

12:53 / For Employers / For Individuals / H1B / NewsBrief / USCIS News
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13 Jul 2015

Is an H1B amendment needed if the work location is moved to a different city within the same county listed on existing LCA and petition?

Answer The amendment for location change is not needed if the relocation is within the same Metropolitan Statistical Area (MSA) covered by the LCA. The MSAs are often fairly large geographic areas, but it is necessary to check the new location. Similarly, if the location is...

12:32 / FAQs / Worker
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13 Jul 2015

I am in my 6th year of H1B, and will soon change to H-4 and apply for an EAD. If I find an employer to sponsor me for a green card, can I then change back from H-4 to H1B?

Answer Potentially, it is possible to change back to H1B from H-4 after completing most of the six-year period. If the GC is far enough along to qualify the beneficiary to extend H1B status beyond 6 years, this change of status to H1B would be possible...

12:26 / Employment Based / FAQs / Resident / Worker
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13 Jul 2015

I am in H1B and am sponsoring my mother’s B-2 application. By the time she goes for “stamping” I will have moved to a new employer. Will this create a problem for her B-2 case?

Answer A B-2 application is made by the individual seeking to visit the U.S. There may be an invitation from a person in the U.S. and there can also be an affidavit of support (I-134 form). The change to a new H1B employer should not impact...

12:24 / FAQs / Visitor / Worker
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13 Jul 2015

An RFE was issued on my H1B extension filed by company A. My I-94 expired after this petition was filed. Can company B sponsor me for a change of employer while company A’s case is pending?

Answer Yes, company B can file an H1B petition in this situation. However, whether or not any approval given through company B will have an I-94 at the bottom depends upon the outcome of A's case. This type of filing pattern is known as bridging -...

12:11 / FAQs / Worker
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13 Jul 2015

Immigration Impact of Supreme Court’s Same-Sex Marriage Decision

On June 26, 2015, the U.S. Supreme Court ruled that, pursuant to the individual liberties protected by the constitution of the United States, all U.S. states must permit same-sex marriages. Although this case did not directly deal with immigration law, it nevertheless serves to expand...

07:59 / AOS/CP (Family) / Family Based / For Families / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident
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10 Jul 2015

NewsFlash! EB3 India Advances, EB3 China Retrogresses in August Visa Bulletin

The U.S. Department of State (DOS) released the August 2015 Visa Bulletin today. The employment-based, third preference (EB3) category for those born in India moves ahead faster than predicted, advancing by four months to a cutoff date of June 1, 2004. EB3 China, on the...

13:11 / AOS/CP / Employment Based / NewsBrief / Resident / Visa Bulletin
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10 Jul 2015

I applied for optional practical training (OPT) at the end of my program of study. While my application was pending, I left the U.S. to visit family in my home country before I would come back to work on OPT. …

... However, USCIS has just denied my OPT application. It is still less than 60 days after the completion of my program of study. Assuming there is no basis for a motion to reopen and/or reconsider (MTR) the denial of my OPT, can I come...

11:04 / FAQs / Student
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09 Jul 2015

Nepal Designated for Temporary Protected Status

The U.S. Department of Homeland Security (DHS) has designated Nepal for temporary protected status (TPS) in the wake of devastating earthquakes that occurred in April and May 2015. Nationals of Nepal who "…have been both 'continuously physically present' and 'continuously residing' in the United States since...

07:28 / For Families / For Individuals / Homeland Security / NewsBrief
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08 Jul 2015

Some Speedy H-4 EAD Approvals

The option for qualifying H-4 spouses to apply for employment authorization documents (EADs) began May 26, 2015. Although it was widely expected that it would take several months for the first approval notices to arrive, the Murthy Law Firm is happy to report that at...

11:42 / For Families / H-4 Dependents / NewsBrief / Nonimmigrant Family / USCIS News
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