When it was created in 1990, the H1B visa program was designed to fill a critical void in the U.S. labor market. Employers needed talented, highly skilled professionals to stay competitive in the burgeoning tech industry, and the domestic labor force had a dearth of...
The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on April 12, 2017, adopting the Administrative Appeals Office (AAO) decision in Matter of I-Corp. This decision clarifies that the USCIS cannot approve a petition for a foreign national worker that is based on...
Answer In general, it is not advisable to try to move to a different H1B employer until one's "cap" H1B petition is approved, and has gone into effect (i.e. either the date of approval or October 1st, whichever comes last). At times we have seen the...
Answer Change in citizenship generally would have no effect on an I-140. (01.May.2017)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 © 2017, MURTHY...
Answer This varies, but we have been told that the FBI clearance process is generally quite rapid, assuming that no "hits" arise that need to be investigated. (01.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer An approved I-140 is technically always for future employment, meaning one can join the green card sponsor when the green card is approved, if the offered job is still available. (01.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions nearly every month. The update for the May 2017 Visa Bulletin brings mostly bad news. Further, Mr. Oppenheim provides no information or...
... If my petition is denied, will I still be able to transfer to another program to continue in F-1 status? Answer You should be eligible for the cap-gap benefit extending your F-1 status with employment authorization beyond the expiration of your STEM OPT and until September...
In recent months, the U.S. Citizenship and Immigration Services (USCIS) has reinterpreted a long-existing rule in a manner that impacts applications to change from B-1/B-2 business / visitor status to F-1 full-time student status. The net result is greater uncertainty and expense for B-1/B-2 visitors...
On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that the H1B cap for fiscal year 2018 (FY18) was reached. The USCIS then completed the H1B lottery selection process on April 11, 2017. Some 199,000 petitions were filed this year, which is...
