16 Dec 2021

January 2022 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the January 2022 Visa Bulletin. There is very little movement in January from the December 2021 visa bulletin. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries of chargeability. Employment-Based, Second Preference (EB2)...

16 Dec 2021
16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09 Dec 2021

My registration was selected in the second lottery. My employer filed the H1B petition to the wrong address. The package was rejected, and we missed the deadline to refile the petition. Now that there is a third round of registrations that have been selected, can we refile my H1B petition?

Answer No, if the employer fails to (properly) file the cap-subject H1B petition prior to the deadline listed on the registration selection notice, it typically is not possible to use that registration to file during the following round of registration selections.  (09.Dec.2021)Sheela Murthy and other senior...

09 Dec 2021

I am in the U.S. in H1B status. I recently received an eMail from the U.S. consulate that issued my visa stamp, informing me that my visa had been revoked. Does this mean I have to leave the U.S.?

Answer The visa "stamp" is an entry document. If the consulate has revoked the visa, it means it generally can no longer be used for purposes of requesting admission to the U.S. However, it ordinarily has no direct impact on one's valid status in the United...

09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...