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25 Aug 2016

NewsFlash! Publication of Proposed Rule for Certain Foreign National Entrepreneurs Expected Soon!

On August 24, 2016, the Office of Management and Budget (OMB) concluded its review of a proposed rule designed to allow the U.S. Department of Homeland Security (DHS) to parole (i.e. grant temporary permission to enter the United States to) "…inventors, researchers, and founders of start-up...

17:10 / Employment Based / NewsBrief / Resident / USCIS News / Worker
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25 Aug 2016

Official Visa Bulletin Predictions for October 2016

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), supplies monthly visa bulletin explanations. This month's update includes predictions for October 2016, which is the start of fiscal year 2017. All information in this article pertains to...

11:37 / Employment Based / NewsBrief / Resident
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24 Aug 2016

Multiple Reports Evidence the Benefits Immigrants Provide the U.S.

Despite overwhelming evidence that immigrants create jobs, increase wages, and pay billions in taxes annually, the fallacy that immigration has a detrimental effect on the U.S. economy has persisted for generations. As we head into the home stretch of this election season, the topic of...

18:48 / Blog / Immigration
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24 Aug 2016

Citizenship Filing Location Options for College Students

It is not unusual for a lawful permanent resident (LPR) to be enrolled in a university that is located in a state other than where the student's family resides. Many in this situation live near their universities while school is in session, and then return...

12:18 / Citizen / For Families / Immigrant Family / Options
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22 Aug 2016

BALCA on Change in Authorized PERM Signatory

The Board of Alien Labor Certification Appeals (BALCA) reversed a PERM labor certification (LC) denial involving a change in the PERM application signatory at the time of an audit. This case illustrates the minute details that can determine success or failure in the PERM process....

15:46 / Employment Based / NewsBrief / Resident
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22 Aug 2016

What is the point of the date for filing chart on the visa bulletin if it is never used?

Answer To be fair, the USCIS permits the use of the DF chart for family-based cases from time to time. But, when it comes to the employment-based categories, your frustration is justified! The problem seems to be an intergovernmental conflict, with the DF chart intended for...

12:17 / Employment Based / FAQs / Resident / Visa Bulletin
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22 Aug 2016

If I move to a new H1B employer, do I have to also submit a new H-4 and/or EAD application for my spouse?

Answer No, the H-4 EAD is not tied to the H1B spouse's employer. As long as the principal spouse is still in valid H1B status, the H-4 and EAD generally remain valid through their respective expiration dates. (22.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and...

12:08 / FAQs / For Families / Nonimmigrant Family / Worker
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22 Aug 2016

What is the point of the date for filing chart on the visa bulletin if it is never used?

Answer To be fair, the USCIS permits the use of the DF chart for family-based cases from time to time. But, when it comes to the employment-based categories, your frustration is justified! The problem seems to be an intergovernmental conflict, with the DF chart intended for...

12:04 / Uncategorized
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22 Aug 2016

I received an RFE for my pending H1B cap case, asking for a client letter. But, I recently moved to a new client. Can I provide a letter from the new client?

Answer Unfortunately, in order to overcome RFEs asking for additional client documents in consulting H1B cases, it is necessary to have documentation related to the client listed in the initial filing. The USCIS must find that the case was proper when filed and continues to be...

12:02 / FAQs / Worker
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22 Aug 2016

If I change to a new employer 3 months after getting my green card, will this cause any problem in the future when applying for U.S. citizenship?

Answer It depends. The change in employment 3 months after getting an EB green card as the primary beneficiary may raise questions about whether the job offer was genuine and the intent actually was to work for the sponsor, etc. But, depending upon circumstances, there may...

11:54 / Employment Based / FAQs / Resident
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