20 Jun 2016

My H1B was picked in the lottery, but got an RFE on the client letter. The employer responded, but the case was denied. Can we appeal, or can I reapply through a different employer without having to wait for next year’s lottery?

Answer If the case was improperly denied, there is an option to file a motion to reopen / reconsider or an appeal within 30 days of the denial. Unless the case is approved, though, one would typically need to reapply the following year through the lottery....

13 Jun 2016

I am on OPT. Can my employer initiate an EB2 case for me now? If so, can the case be filed for premium processing so that I don’t need to apply for H1B next year?

Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

06 Jun 2016

If the photos submitted with my EAD/AP application do not meet USCIS requirements, would the USCIS deny the application?

Answer Typically, the USCIS would just send an RFE for photos that comply with USCIS requirements. (06.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs...