24 Jul 2017

If I move from H1B to H-4 EAD, would I be able to later convert back to H1B? Would I have to go through the lottery again?

Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

20 Jul 2017

August 2017 Visa Bulletin Check-in: Discouraging Predictions for FY18

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions nearly every month. The update this month for the August 2017 Visa Bulletin includes both some short-term predictions and some predictions for...

17 Jul 2017

I am in H1B status and I have an approved I-140. If I move to H-4 EAD, will that impact my GC case?

Answer The I-140 and associated priority date would not normally be affected by a change in nonimmigrant status. (17.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...

11 Jul 2017

August 2017 Visa Bulletin: EB2 ‘Rest of the World’ Retrogresses, EB3 India Advances

The U.S. Department of State (DOS) released the August 2017 Visa Bulletin this afternoon. In the final action (FA) chart, the cutoff dates in the employment-based, first preference (EB1) category remain unchanged, leaving India and China stuck at January 1, 2012. In the employment-based, second...

26 Jun 2017

My PERM LC was denied, so an appeal was filed, and the case is now pending with BALCA. Can I use the pending BALCA case to extend my H1B status beyond 6 years?

Answer Assuming that the PERM case has been pending for at least 365 days, one normally would be able to get a one-year H1B approval with any employer. A BALCA appeal is considered "pending." (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

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