24 Oct 2019

My H1B petition was filed using premium processing, and an RFE was issued within 15 days. My employer just submitted the RFE response. Will that also be reviewed using premium processing?

Answer Yes, generally speaking, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision - or, less likely, issue a second RFE or a notice of intent to deny (NOID) - within 15...

10 Oct 2019

NewsFlash! New USCIS Forms with New Public Charge Rule Required as of 15 Oct 2019

The new versions of forms I-129, I-539, I-864, and I-485 were posted on the U.S. Citizenship and Immigration Services (USCIS) website yesterday. The new I-944 (Declaration of Self-Sufficiency) form has also been put up. These forms now include the updated public charge rule. The USCIS...

07 Oct 2019

NewsFlash! Health Insurance Required for Admission on Immigrant Visa, Effective 01 Nov 2019

On Friday, October 4, 2019, President Trump issued an executive order that will bar entry of a foreign national requesting admission on an immigrant visa unless the individual has qualifying health insurance, will have such health insurance within 30 days of admission, or "… has...

26 Sep 2019

I am working for my own company based on an H-4 EAD. Can my company sponsor an H1B worker?

Answer Generally speaking, virtually any U.S. company, including one owned by someone with an H-4 EAD, may sponsor H1B workers. That being said, you likely need a backup plan in case the H-4 EAD program is terminated in the future. Also, sponsoring a close family (like...

19 Sep 2019

I am in H1B status and moved from Employer A to Employer B about six weeks ago. Employer A still has not provided me with my final paycheck. Is there anything I can do to get the money owed to me?

Answer If a former (or current) employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division. (19.Sep.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...