The U.S. Department of Homeland Security (DHS) Office for Civil Rights and Civil Liberties (CRCL) is investigating the U.S. Immigration and Customs Enforcement (ICE) for lack of adequate medical and mental health care in detention facilities across the U.S. This update is based on a...
This morning, the U.S. Department of Homeland Security (DHS) published a notice in the Federal Register, officially announcing the implementation of the registration system for cap-subject H1B petitions being filed for fiscal year 2021 (FY21). This formalizes the announcement made to this effect by the...
An employer is typically required to pay its employees at least once per month. Delaying payments by several months would likely be a violation of state law and immigration law. It could also be viewed as a violation of your nonimmigrant status, depending on the...
An H1B petition can be filed for part-time employment, so the fact that this position is only for 20-hours per week should not cause the petition to be denied. Similarly, concurrent employment is permitted. The second employer could file the petition for concurrent employment, whether...
Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...
The U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) proposed a rule that would further limit asylum eligibility. Under the current rules, a criminal conviction does not automatically make a person ineligible for asylum unless it is for a particularly...
Answer You don't exactly "transfer" the priority date from one I-140 to another. Rather, assuming the initial I-140 has not be revoked for fraud, misrepresentation, revocation of the LC, or material error, the beneficiary generally can retain that priority date for any other I-140. Doing so...
Answer After completing 6 years in H1B status, in order to be eligible to reapply under the H1B cap (i.e., H1B lottery), one generally would need to be outside the United States for at least one year prior to the date the cap-subject H1B petition is...
Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...
Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
