Answer No, the recent memo from the USCIS is simply saying that entry-level computer programmers do not automatically meet the definition of a "specialty occupation;" so, the burden is on the petitioning employer to demonstrate why the particular position they are offering still qualifies, even if...
Answer The guidance in the new memorandum applies to all H1B petitions. (03.Apr.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 more FAQs here. Copyright © 2017, MURTHY...
Answer Generally speaking, an I-485 applicant becomes a permanent resident upon the approval of the I-485. In that situation, a pending application to change status to H-4 becomes moot. Nothing needs to be done, as that application should ultimately be denied by the USCIS for that...
The Nebraska Service Center (NSC) advised the American Immigration Lawyers Association (AILA) today that it is taking longer than normal to issue receipt notices via eMail for petitions filed requesting premium processing. The NSC provided AILA with the following statement: "NSC is receiving record high volumes...
... My employer is filing an H1B petition this week for the October 1st start date. If my STEM OPT application is denied while my H1B petition is still pending, how will this affect my ability to continue living and working in the U.S. until...
Late last night, the same federal judge in Hawaii who issued a temporary restraining order (TRO) that blocked the Trump Administration's March 6, 2017 travel ban from taking effect, agreed to convert the TRO into a preliminary injunction. A preliminary injunction is similar to the...
The U.S. Citizenship and Immigration Services (USCIS) will reject any H1B cap case filed with a fee payment that is "… not honored by the bank or financial institution," (e.g., a check 'bounced' for insufficient funds). This is a change from prior years, when the...
Answer There is a memorandum that specifically permits one to enter the United States by presenting a valid H1B visa "stamp" and the receipt notice for the H1B extension or amendment. Given the uncertainty in the current climate, however, this should probably not be relied upon...
Answer The H-4 EAD provides virtually unrestricted work authorization, so one can be a member of an LLC and work for that company. (27.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer If an H1B visa 'stamp' application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (27.Mar.2017)In frequent sessions of our Chat, Sheela Murthy...
