The U.S. Citizenship and Immigration Services (USCIS) is scheduled to publish a final rule on August 14, 2019 that will greatly expand the categories of public benefits looked at to determine whether a foreign national may be deemed a public charge (i.e., a person who...
It is fairly common for dependents of a nonimmigrant worker to file an application to extend / change nonimmigrant status (form I-539) concurrently with the principal spouse's petition for a nonimmigrant worker (form I-129). Historically, if the I-129 was filed with a request for premium...
Answer One who has timely filed for a change or extension of status normally would be permitted to remain in the U.S. until a decision on the application is issued. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...
Answer It is normally possible to "upgrade" an H1B to Premium Processing by submitting the form I-907 and filing fee, along with a NOID (or RFE) response. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...
In a recent letter to Congress, several organizations, including the American Bar Association (ABA) and the National Association of Immigration Judges, called for the creation of immigration courts that are independent from the U.S. Department of Justice (DOJ). These groups cited the conflict of interest...
Answer Even if there is no change in the work location, an H1B amendment is required when there is a "material" change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much...
Answer On November 21, 2019, a new regulation will go into effect that raises the minimum investment amount for EB5 cases to $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is a rural area or area of...
Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...
