Answer This is not affected by any of the executive orders. We have been seeing a higher rate of 221(g) refusals, however, even before these orders. Greater scrutiny is possible if the new administration chooses to do so. (30.Jan.2017)In frequent sessions of our Chat, Sheela Murthy...
There are three typical outcomes for visa applicants at U.S. embassies and consulates overseas: approval, outright refusal, or refusal under § 221(g) of the Immigration and Nationality Act (INA). A 221(g) refusal - commonly referred to as "administrative processing" - generally occurs for one of...
... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD. If my wife does not file her application for...
The U.S. Citizenship and Immigration Services (USCIS) generally will only recognize a U.S. degree that is issued by an accredited institution. Moreover, the accreditation must be granted by an accrediting agency recognized by the U.S. Department of Education (DOE). How is a degree viewed, however,...
For an employment-based case filed with the U.S. Citizenship and Immigration Services (USCIS), it is not uncommon for the petitioning employer to be issued a request for evidence (RFE) asking for clarification on mismatched information found in the Validation Instrument for Business Enterprise (VIBE) system....
Answer Standard processing is currently very slow - 6 months or more. The case can be converted to premium processing at any time, however. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer One major benefit of the new rule is that the USCIS has clarified that there is no time limit for recapturing unused H1B time. It can be done at any time. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer This is a problem that has been arising frequently in recent months. There have been many recent denials on this ground, so there is a high risk of rejection. But, depending on the circumstances, there may be arguments that can be made. You should consult...
A large percentage of the H1B petitions filed with United States Citizenship and Immigration Services (USCIS) each year involve employment in the so-called "E-V-C" (employer-vendor-client) model. In such EVC model cases, the H1B employee is placed at the worksite of a company other than the...
Answer This type of H1B petition may require more documentation regarding the legitimacy of the company, and may require a special strategy when filing. However, they are routinely approved if properly presented. (17.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
