Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the July 2019 Visa Bulletin, Mr. Oppenheim explained the reasoning for making the family-based, second preference A...
Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer Yes, expert opinions are still an important part of most RFE responses, and should definitely be considered when responding to a "specialty occupation" RFE. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
In 2017, the Trump Administration began the implementation of an "extreme vetting" program for certain foreign nationals requesting admission to the United States. As part of this program, a foreign national applying for a visa at a U.S. consulate abroad may be asked to complete...
Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...
Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)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...
The U.S. Citizenship and Immigration Services (USCIS) has updated the Adjudicators Field Manual (AFM) with regard to P1S essential support personnel for individual athletes. This update does not represent a substantive change, but instead is intended to prevent incorrect approval periods. More specifically, the update...
The focus of this teleconference is recent trends in requests for evidence (RFEs) for H1B petitions after cap season. Attorneys from the Murthy Law Firm discuss issues related to the right to control, specialty occupations, CPT & OPT, etc, and provide tips for preparing a...
Answer The I-9 is a form that is retained in the employer's records. It only serves to confirm that the people employed by the company are legally authorized to work. It has absolutely no impact on one's immigration status. (17.Jun.2019)In frequent sessions of our Chat, Sheela...
Answer Assuming that the company has not yet filed an H1B petition, the proper visa for one in this situation would normally be a B-1/B-2 "visitor" visa. This type of visa is not "sponsored." However, a letter from the company, on company letterhead, inviting one to...
