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18 May 2018

Analysis of USCIS Memo on Unlawful Presence for F, J, and M Nonimmigrants

On May 11, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that will substantially change the rules regarding unlawful presence (ULP) as they apply to those in F, J, and M status. The new rules are scheduled to go into effect...

13:25 / For Employers / For Individuals / NewsBrief / Student / USCIS News / Worker
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17 May 2018

USCIS Completes Data Entry Process for H1B Petitions Selected in FY19 Lottery

The U.S. Citizenship and Immigration Services (USCIS) announced on May 15, 2018 that the data entry process has been completed for all cases selected in the fiscal year 2019 (FY19) H1B lottery. The USCIS will now begin returning all cap-subject petitions that were not selected.The...

06:43 / For Employers / NewsBrief / USCIS News / Worker
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16 May 2018

New E-Verify Website and Features Added to E-Verify System

The U.S. Citizenship and Immigration Services (USCIS) has added a number new features to the E-Verify system, designed to improve the user experience, reduce errors, and increase the speed and accuracy of the employment eligibility verification process. In addition, the USCIS has launched a new...

08:27 / For Employers / Homeland Security / NewsBrief / USCIS News
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15 May 2018

Murthy Attorney Anna Stepanova Provides Bloomberg Law with Insight Into STEM OPT Changes

Murthy Law Firm Member and Assistant Managing Attorney, Anna Stepanova, was recently interviewed by Bloomberg Law regarding the abrupt change in position by the U.S. Citizenship and Immigration Services (USCIS) regarding off-site placement of STEM OPT workers.First, a little background on the legal issue discussed....

08:37 / Blog / Immigration / Law Firm / Professional
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14 May 2018

My application to change status to H-4 is currently pending. If I leave now, can I then get the H-4 directly from the consulate?

Answer The H-4 COS will be abandoned when one leaves the U.S., but one can apply for an H-4 visa stamp to return at any time (assuming the principal spouse is in valid H1B status). A COS approval is not required to apply for a visa...

07:20 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family
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14 May 2018

I was in B-2 status for six months, and then came back to my home country about three months ago. Can I come back in on my B-2 visa? Am I required to wait six months between visits?

Answer There is no set amount of time a person must wait between visits. Whether the person will be admitted, however, is subject to the discretion of the CBP officer at the airport. If the officer is not satisfied that one is truly a "visitor," admission...

07:20 / FAQs / For Individuals / Visitor
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14 May 2018

Do I need to be in F-1 status for a full year to be eligible for OPT, or can I study for a portion of that time in H-4 status?

Answer One can qualify for OPT after one year of full-time study in any status (as long as s/he is in F-1 status at the time the OPT application is filed). (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

07:14 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student
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14 May 2018

Can I qualify for an EB1 green card based on having two papers published in international journals?

Answer One should consult with a qualified attorney to review one's qualifications. However, two publications generally would not be sufficient to qualify for EB1(a) or EB1(b), unless the publications were extremely influential in the field. (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

07:09 / Employment Based / FAQs / For Individuals / Resident
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11 May 2018

NewsFlash! F, J, and M Nonimmigrants to be Subject to New Unlawful Presence Rules

The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum today that will dramatically expand the manners in which those in F, J, and M status may begin accruing unlawful presence (ULP).Nonimmigrants entering in F, J, or M status usually are admitted for "duration...

16:54 / NewsBrief / Student / USCIS News
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10 May 2018

June 2018 Visa Bulletin: Almost No Movement of Cutoff Dates

The U.S. Department of State (DOS) released the June 2018 Visa Bulletin. As expected, there is virtually no movement in any of the employment-based categories. Cutoff Dates Virtually Unchanged In the employment-based, second preference (EB2) category, India's cutoff date inches forward to December 26, 2008. This is...

11:32 / Employment Based / NewsBrief / Resident / Visa Bulletin
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