Answer If one in this situation is still being offered the same job by the I-140 sponsor, the case could be converted to "consular processing" by filing an I-824. One would apply for an immigrant visa at the U.S. consulate. (24.Jul.2017)In frequent sessions of our Chat,...
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...
The American Immigration Lawyers Association (AILA) has been advised by the U.S. Department of Labor (DOL) that during April 2017, a number of PERM filings were inadvertently denied for failure to respond to audit requests, even though the employers had actually submitted timely responses via...
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...
The U.S. Department of Labor (DOL) Wage and Hour Division is reinstating its policy of issuing opinion letters upon request to provide guidance to employers and employees on the Fair Labor Standards Act and other U.S. labor laws. Per a June 27, 2017 DOL announcement,...
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...
Answer An H-4 EAD is tied to one's spouse being in valid H1B status; it is not tied to any particular employer. A move to a different company by the H1B spouse ordinarily would have no direct impact on the spouse's H-4 status or the EAD....
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...
Under the PERM labor certification process, supporting documentation is not submitted to the U.S. Department of Labor (DOL) with the PERM application. Instead, the employer must retain the required documents and produce them for the DOL in the event of an audit. The requirements for...
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...
