Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that generally would require filing a new labor certification and I-140 petition for that new position. However, if you have an approved I-140, you should be...
Answer Yes, it is possible to live in Canada and commute to the U.S. to work in H1B status. However, you should consult directly with an immigration attorney about your specific situation before making any change. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...
The Trump Administration recently announced that a quota system will be incorporated into the individual performance evaluations for all immigration judges to require them to process cases more quickly. Immigration judges are responsible for presiding over cases such as removal (i.e. deportation) and asylum proceedings.This...
The U.S. Department of State (DOS) is proposing a number of changes to both the online application for a nonimmigrant visa (form DS-160) and the electronic application for an immigrant (form DS-260). The most significant changes to the forms would be to include requests for...
Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer Travel outside the U.S. while an H1B petition is pending will automatically cancel any change of status request and convert the petition to consular processing. So, assuming the H1B petition is approved, in order to move then to H1B status, one typically must first get...
Answer Multiple I-140s are not problematic. However, one ultimately will need to choose which I-140 is filed in support of the I-485 application. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...
The U.S. Citizenship and Immigration Services (USCIS) has updated its STEM OPT webpage to reflect an apparent change in the agency’s interpretation of the 2016 STEM optional practical training (OPT) rule for F-1 students. Specifically, the USCIS now interprets the 24-month STEM OPT extension rule...
