07 May 2018

May 2018 Visa Bulletin Check-In: Short-Term Predictions

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the May 2018 Visa Bulletin, Mr. Oppenheim only provides some very minor, short-term predictions. Family-Based Preference Categories For most family-based (FB) preference...

30 Apr 2018

I am working in an H1B position and have Canadian PR. Can I live in Canada and commute to the U.S. each morning to work in my H1B job?

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...

30 Apr 2018

My current H1B I-94 is still valid, but my H1B amendment is pending. If I travel overseas for a couple of weeks, am I allowed to return while the H1B amendment is still pending?

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...

23 Apr 2018

My EB2 I-140 is approved. Now, I am being moved to work at a different physical location, but will be in the same position, performing the same duties. Do I need a new I-140 and/or a new PERM?

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...