17 Jul 2017

I applied for a change of status from B-2 to H-4 right before my I-94 expired. It has now almost been 180 days, but my application is still pending. Do I need to leave before I reach the 180-day mark?

Answer Normally, one who has timely filed a change-of-status application is in a "period of authorized stay" until a decision is issued, regardless of how long it takes. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

10 Jul 2017

I am on OPT and my H1B petition was selected in the lottery. However, the project my H1B was filed for is about to end. If an RFE is issued, do I have any options? Can I move to a different project?

Answer One in this situation should consult a competent attorney for individualized advice. However, this is a serious problem and will frequently lead to denial of the H1B petition. One possible option may be to find a new client in the same metropolitan statistical area (MSA)....

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...

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...