The U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum dated November 8, 2017 that provides guidance for officers adjudicating L1A petitions for function managers. This memo is based on the ruling from the administrative appeals office (AAO) in Matter of G- Inc.,...
Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer The job title is largely irrelevant - the important factors are the listed job duties and the "SOC" (standard occupational classification) code chosen for the LCA filing. These generally will govern the USCIS's adjudication. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Last night, the U.S. Senate passed a stopgap bill to fund the federal government through Friday, December 22, 2017. This bill also serves to extend the employment-based, fifth preference (EB5) regional center program for the same time period. This stopgap bill was passed by the...
Because a spending bill has yet to be passed, there is a possibility that the U.S. government will be forced to temporarily shut down, starting December 9, 2017. Such shutdowns are rare and there still is a chance that it will be avoided. But, in...
Answer No, there has not been any such increase. There is a bill proposed in Congress that would increase H1B minimum salaries. But, at this point, there is no reason to believe this bill will ever become law. There are many immigration bills proposed each year...
Answer Typically, one can continue working on an approved, un-revoked H1B if one's change-of-employer H1B is denied, unless the USCIS specifically makes a determination that one is "out of status" and is required to depart the U.S. (20.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer This has never been completely clear. Some attorneys are of the opinion that approval of a cap-subject H1B petition (as long as it is not revoked before October 1st) means that one is counted against the cap. However, the Immigration and Nationality Act talks about...
The Murthy Law Firm continues to receive inquiries from those concerned about whether the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) will be altered, or even terminated. For the time being, the H-4 program remains unchanged. But, there have...
The U.S. Citizenship and Immigration Services (USCIS) is cautioning employers that official requests to review employment eligibility verification (form I-9) records are never sent by eMail. The USCIS reports that criminals are using a fraudulent eMail address - news@uscis.gov - to demand I-9 records from...
