24 Oct 2022

USCIS Again Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) announced today that the response time flexibility, initially announced on March 20, 2020, is being extended. This extension applies to qualifying USCIS requests issued through January 24, 2023. Response Time Flexibility The USCIS has extended the response time flexibility for...

22 Sep 2022

My employer is filing an L1B for me so that I can continue working on a project involving our proprietary software. Initially, I will be working at our headquarters. But, at some point, I likely will need to work at the client location for some months to finish installing and modifying the software. Is this allowed while on L1B?

Answer It is possible for an L1B employee to be placed at a third-party work location. However, this needs to be indicated on the L1B petition, and the employer must demonstrate that it will maintain a qualifying employer-employee relationship with this L1B worker.  (22.Sep.2022)Sheela Murthy and...

22 Sep 2022

I was working for Employer A in H1B status, and then moved to Employer B. I am now interested in returning to Employer A. The employer did not withdraw the petition, and it does not expire until next year. Can I join based on the existing petition, or does Employer A need to first file an H1B transfer?

Answer There is a legacy INS opinion letter that indicates it is permissible to return to a previous employer based on the "dormant" petition. However, depending on the circumstances, that is not always the safest / best practice, as it creates a rather confusing history, among...

16 Sep 2022

USCIS Implement Phase III of Premium Processing Expansion for Certain I-140 Petitions

The U.S. Citizenship and Immigration Services (USCIS) announced yesterday evening that, effective immediately, it has initiated the third phase of expanding the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS...