24 Dec 2020

I hear there is now the possibility of a government shutdown, starting next week. Is that true?

Answer Unfortunately, yes! Everyone thought the shutdown was averted after representatives from the White House negotiated a compromise deal with Congress for a spending bill, which included a stimulus package. However, after Congress passed the omnibus spending bill, Trump announced that he was not happy with...

22 Dec 2020

USCIS Extends Flexibility for Responding to Requests Until Jan 31, 2021

The U.S. Citizenship and Immigration Services (USCIS) has again extended the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through January...

16 Dec 2020

I am working in H1B on as Senior Software Engineer, which was filed as a wage level 4 position. If I move to similar position with a different employer, can I be sponsored for a wage level 3 position?

Answer The wage level is determined by the requirements for the position. Working in a level 4 position now does not prevent an employer from later sponsoring you for a level 3 (or 2 or 1) position. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...