Answer Depending on the circumstances, there can be different risks in moving from EB2 to EB3. A common one, however, is that USCIS might discover a problem in the EB2 petition that previously was not identified. (10.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Unlike the H1B visa category, U.S. immigration law does not provide a way to extend L1B visa status beyond the 5-year limit based on having an approved I-140. (10.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer Normally, when the USCIS issues an RFE on an I-140 asking about "ability to pay," the agency wants to see evidence that the Petitioner has had the cash / resources to pay the I-140 offered wage from the date the labor certification was filed. (10.Dec.2018)In...
The U.S. Citizenship and Immigration Services (USCIS) has expanded its Information Services Modernization Program to more field offices. The Detroit and Los Angeles field offices recently were added to the program, which aims to end self-scheduled InfoPass appointments and steer applicants towards online information. The...
Congress has passed a short-term bill to fund the federal government for two weeks. The federal budget is now extended through December 21, 2018. This bill also extends various immigration programs for the same time period, including the employment-based, fifth preference (EB5) regional center program.Congress...
On December 3, 2018, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking that would establish a registration requirement for cap-subject H1B petitions (i.e., petitions filed in the H1B "lottery"). The proposed rule is intended to reduce the costs associated with...
Answer The 240-day rule relates ONLY to employment authorization. One with a timely-filed extension can remain in the U.S. until a decision is made on the petition.Note also that this rule ONLY applies to extensions with the same employer, not to amendments or change-of-employer petitions. (03.Dec.2018)In...
Answer The H1B and the PERM/I-140 do not necessarily need to have the same job requirements. The I-140 is (technically) always for "future" employment (i.e. the job that one will perform upon receiving the green card). It does not need to be the same job. (03.Dec.2018)In...
Answer Yes, one generally can have multiple H1B petitions pending simultaneously with no issues. (03.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright ©...
Answer In general, if one's I-94 has not expired, one could file another H1B petition, assuming that one is still employed pursuant to the approved H1B. If the individual is not, then a consultation with a qualified attorney is advisable. (03.Dec.2018)In frequent sessions of our Chat,...
