The U.S. Department of State (DOS) has released the January 2023 Visa Bulletin. With the exception of retrogression for China and India in the employment-based, first preference (EB1) category, there little-to-no movement in any of the employment-based categories. All cutoff dates listed refer to those...
Prior to there being a material change in an H1B employee's working conditions, the employer is ordinarily required to file an H1B amendment. It is not always clear whether a particular change is "material," but, in the context of a change in an H1B employee's...
Answer The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently for the cap-exempt and cap-subject employers, but a petition...
Answer Once an employer-sponsored green card is issued, the expectation typically is that the beneficiary will work for the sponsoring employer in the position listed on the I-140. If the person works in that position, while also earning money through a second job, entrepreneurship, etc, this...
Answer A pending motion to reopen, motion to reconsider, or appeal does not normally provide the foreign national with any status protection benefits. If the underlying case is reopened and approved, the gap in status may be cured. If, however, the original decision is upheld, the...
Answer We do not have specific statistics on how frequently second RFEs are issued by the USCIS. But, anecdotally, it appears to be very uncommon to see a second RFE issued on an H1B petition.There was a time under the Trump Administration when there was a...
The American Immigration Lawyers Association (AILA) recently sent a letter to the U.S. Department of State (DOS), urging the DOS to address ongoing issues related to E-1 and E-2 visa applications. In the letter, AILA also includes various suggestions that could be implemented to alleviate...
Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...
Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that...
For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B...
