02 Apr 2018

I am in H-4 status and am in the process of getting a divorce from my H1B husband. How many days may I remain in the U.S. once my divorce is finalized?

Answer There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won't...

02 Apr 2018

SEVP Portal for Certain F-1 and M-1 Students

On March 23, 2018, the Student and Exchange Visitor Program (SEVP) launched the SEVP Portal. The new portal allows F-1 students on OPT and M-1 students participating in vocational training to update their addresses, phone numbers, and employer information. F-1 students on STEM OPT extensions...

29 Mar 2018

U.S. Supreme Court Says INA Does Not Grant Right to a Bond Hearing for Immigration Detainees

The U.S. Supreme Court recently ruled in Jennings v. Rodriguez that noncitizens, including lawful permanent residents (i.e. "green card" holders), who are detained by immigration officials while their immigration removal proceedings are pending do not have a right to be released on bond. Summary of the...

26 Mar 2018

I was given a 221(g) administrative processing notice when I applied for an H1B visa at the consulate. Can I be sponsored for an H1B transfer while the 221(g) case is still pending?

Answer Yes, one in this situation normally could have another employer file an H1B petition for consular processing. (26.Mar.2018)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...

26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

26 Mar 2018

I’m on STEM OPT and would like to move to a new employer. This employer, however, is not willing to sign my I-983. Is there any possible alternative for this?

Answer A signed and completed I-983 is an absolute requirement for STEM employment. (26.Mar.2018)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 here. Copyright © 2018,...

23 Mar 2018

NewsFlash! President Trump Signs Bill Funding Federal Government Through September 2018

This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...