Answer Assuming the H1B petition included a change-of-status request, international travel would result in the status request being abandoned. This means the petition could still be approved, but essentially it would convert to a request for consular processing. In order to enter in H1B status, it...
Answer If the second work location is within "normal commuting distance" of the original work location, a new LCA might not be needed. However, if the second clinic is not within normal commuting distance, a new LCA and amended H1B petition probably would be necessary. Also,...
Answer To retain the priority date, an I-140 based on the LC must be approved. It may be possible to re-file the I-140 using the existing labor cert, if the problem can be "fixed" (i.e. if the problem was with the I-140 filing, as opposed to...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced a delay in the implementation of the June 28, 2018 memorandum expanding the situations in which a foreign national is to be issued a notice to appear (NTA).The NTA memo initially called for the USCIS...
This teleconference, which aired July 11, 2018, provides an overview of immigration issues related to employees traveling to the United States from abroad. Discussed are situations employees may face, including extreme vetting, visa processing, and what happens during the immigration inspection process by U.S. Customs...
On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum that increases the discretion of USCIS adjudicators to deny applications, petitions, or requests for immigration benefits without first issuing a request for evidence (RFE) or a notice of intent to deny...
Answer One normally could continue to work pursuant to the original H1B petition until it expires, assuming that this employment is still available. The one exception would be if the USCIS made a negative "status" determination in the amendment denial, which generally would not be the...
It is important that F-1 students working pursuant to optional practical training (OPT) present proper documentation to U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs) to demonstrate that they can resume employment when they return. Additionally, they should be prepared...
On July 5, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...
