28 Sep 2023

I was in H1B status and then changed to H-4. I now wish to move back to H1B status. Once the change of status petition is filed, can I start working based on the receipt notice?

Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

28 Sep 2023

USCIS Exempting Biometrics Fee for all I-539 Applicants, Effective 01.Oct.2023

Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...

25 Sep 2023

Possible Government Shutdown as of 01.Oct.2023

Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The money needed...

21 Sep 2023

I understand that an H1B amendment is required when I move to a new work location. Is it permissible though to move to the location once we get the LCA, as long as we then file the H1B amendment?

Answer No, applying for an LCA (or receiving the certified LCA back from the DOL) does not provide any direct immigration benefit. If there is a material change in the job, such as when an H1B worker is moving outside the area of intended employment, then...

21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...