01 Jul 2020

Prior to issuance of the executive order, I scheduled an appointment to get my H1B visa stamp at a consulate in September. Can I still proceed to the appointment?

Answer If one was outside of the U.S. as of June 24th and does not presently have a valid H1B visa or travel document (e.g., advance parole), then the executive order likely prevents one in this situation from being issued an H1B visa. (01.Jul.2020)Sheela Murthy and...

17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...