26 Jun 2017

My PERM LC was denied, so an appeal was filed, and the case is now pending with BALCA. Can I use the pending BALCA case to extend my H1B status beyond 6 years?

Answer Assuming that the PERM case has been pending for at least 365 days, one normally would be able to get a one-year H1B approval with any employer. A BALCA appeal is considered "pending." (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

26 Jun 2017

My U.S. citizen sibling is sponsoring me for a green card. Will the case go any faster because I am in the U.S. in H1B status?

Answer This has no effect on the wait time for an immigrant visa. In the family-based, fourth preference (FB4) category, the wait time will very likely be more than a decade. (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

19 Jun 2017

My employer says my I-140 was approved, but he won’t provide me with a copy of the approval notice. Is there any way I can get a copy of it, even without the receipt number?

Attorney In this situation, one could submit a request to the USCIS under the Freedom of Information Act (FOIA) and, typically, obtain a copy of much of the I-140 filing. (19.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

12 Jun 2017

Can a one-year, online master’s program be used to qualify for the H1B master’s cap? Can the degree be used to qualify for an EB2 position?

Answer A master's degree from an accredited public university would normally be acceptable for both purposes, regardless of whether or not the classes are taken online. (12.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...