Answer There was a brief period under the Trump Administration when the USCIS took the position that certain wage level 1 positions may not qualify as H1B positions. For the past several years, however, this has not really been an issue. While there still may be...
Answer Historically, a religious organization filing an R-1 petition for the first time was not allowed to use premium processing until a site visit had been conducted. Based on a policy change from a few weeks ago, however, it appears the U.S. Citizenship and Immigration Services...
Answer At this point, there is no way to know the odds of whether a second H1B lottery will be necessary. The earliest we can reasonably expect to hear from the USCIS about a possible second lottery is July.As a frame of reference, in 2021, the...
Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer Sorry, but there is no new law that allows all H-4 spouses to work. I believe you may have been confused by the recent news regarding a lawsuit challenging the legality of the H-4 EAD program. As expected, the court determined that the H-4 EAD...
Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...
Answer Traveling to India does not impact the validity of the H1B registration. However, if the petition requests a change of status (as opposed to being filed for consular processing), you should be in the U.S. at the time of filing and remain in the U.S....
Answer No, an H1B registration is not the same thing as a nonimmigrant petition. Having a prior registration that was not selected does not require the employer to answer "YES" to the question about having previously filed a petition for the beneficiary. (30.Mar.2023)Sheela Murthy and other...
Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
