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...

19 Jun 2017

My employer says my I-140 was approved, but he won’t provide me with a copy of the approval notice. Is there any way I can get a copy of it, even without the receipt number?

Attorney In this situation, one could submit a request to the USCIS under the Freedom of Information Act (FOIA) and, typically, obtain a copy of much of the I-140 filing. (19.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

12 Jun 2017

Can a one-year, online master’s program be used to qualify for the H1B master’s cap? Can the degree be used to qualify for an EB2 position?

Answer A master's degree from an accredited public university would normally be acceptable for both purposes, regardless of whether or not the classes are taken online. (12.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...