A draft version of a revised form I-765, application for employment authorization has been released, and the corresponding instructions appear to reveal the eligibility criteria for the proposed I-140 employment document authorization (EAD) rule. Unfortunately, it appears that the proposed rule will be more restrictive than hoped....
On December 22, 2015, the Office of Management and Budget (OMB) concluded its review of a rule proposed by the U.S. Department of Homeland Security (DHS) that would "allow certain approved immigrant petition for alien worker (form I-140) beneficiaries to obtain work authorization…" The rule...
The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum updating guidance on the approval of immediate relative spousal petitions after the death of the U.S. citizen spouse in cases where the widow/er has remarried. The memo, and the related revisions to the USCIS Adjudicator's...
Answer Even if the H1B extension was based upon the pending I-140, the denial does not disrupt the existing H1B status. This assumes there was no fraud finding against the individual in the denial. Of course, the concern with respect to the H1B is finding a...
Answer Generally speaking, a person is charged against his country of birth, not country of citizenship. Unless you are married to someone who was born in a country other than India, you likely will have to use India as your country of chargeability. (21.Dec.2015)In frequent sessions...
On October 07, 2015, a proposed update of the U.S. Citizenship and Immigration Services (USCIS) online policy manual was released. This is a centralized policy manual, with new online sections added sporadically. The latest proposed addition pertains to grounds for filing discretionary waivers of inadmissibility, based...
Later today, Congress is expected to approve a stopgap bill to fund the federal government through Tuesday, December 22, 2015. More importantly, it appears Congress is poised to pass an omnibus bill later this week that will fund the government through September 2016. The omnibus...
The U.S. Department of State (DOS) visa bulletin for January 2016 moves the final action (FA) cutoff date for employment-based, second preference (EB2) for India to February 1, 2008. The dates for filing (DF) cutoff date chart, which cannot be utilized for January 2016 EB...
Answer There is no law requiring the use of an attorney for immigration cases. There are, however, many things that can and do go wrong when cases are prepared without proper legal advice. Some companies do H1Bs internally, but very few try PERMs on their own....
Answer The beneficiary of an I-130 petition is not automatically prohibited from entry on valid a valid B-1/B-2 visitor visa. That being said, U.S. immigration officers at a port of entry have a great deal of discretion in determining whether or not to admit a foreign...
