In the nascent days of 2018, the Trump Administration geared up its continued assault on immigration, which has become a shameful trademark of this presidency. Targeting both undocumented foreign nationals and those lawfully in the United States, the Administration's push for supposed "America first" policies...
Answer If your extension is denied and your I-94 has expired, this likely means you are out of status and unlawfully present in the U.S. Any petition or application typically would need to be filed for consular processing. I recommend you read the MurthyDotCom article, Differences...
Answer Yes, if the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate...
Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...
Answer If you have an emergency need to travel, you can try to obtain a temporary I-551 stamp in your passport at the local USCIS office. It typically is okay to travel while waiting for one's naturalization oath ceremony, but you need to inform the USCIS...
On February 22, 2018, the United States Citizenship and Immigration Services (USCIS) released a policy memorandum entitled Contracts and Itineraries Requirements for H1B Petitions Involving Third-Party Worksites. This policy memo revises USCIS policy related to H1B petitions filed for workers who will be employed at...
The U.S. Department of State (DOS) has updated the Foreign Affairs Manual (FAM) with regard to how consular officers should analyze whether a foreign national will be considered a public charge. This update to the FAM also addresses the use of affidavits of support, which...
Murthy Law Firm attorneys get together for a special teleconference to discuss the impact of the troubling new USCIS policy memo on third-party placements in H1B petitions, and how employers should be prepared to address the requirements in their future H1B filings.The MP3 is available...
Answer Currently, the new memo only affects USCIS adjudications of H1B petitions. However, the consulates are always free to request additional documentation that they feel is necessary to verify that the H1B petition job is still valid. (26.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...
