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...
Answer Based upon the most recent guidance, there appears to be no time limit to reclaim H1B time. So, this should be possible. (23.Jan.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 It depends upon whether the H1B was filed through a cap-exempt employer. Just because a company is a nonprofit, does not automatically make it cap-exempt; rather, this only applies to universities and their nonprofit affiliates, as well as government and nonprofit research institutions. Assuming the...
After years of having to overcome various bureaucratic hurdles, it appears that Israeli citizens are on the verge of being granted access to the E-2 (treaty investor) visa. According to the Israel-America Chamber of Commerce, the U.S. and Israeli governments at last have reached a...
... I understand that, if my H1B petition is accepted for processing and is not denied, revoked, or withdrawn, it will allow me to continue working on cap gap past the expiration of my OPT EAD.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...
Answer Generally speaking, a person with an H-4 EAD may apply for unemployment benefits, assuming s/he otherwise qualifies. (09.Jan.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...
Answer In general, a visa "stamp" is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One's dependent typically should be able to receive an H-4 "stamp" in this scenario. (09.Jan.2017)In frequent sessions of our Chat,...
Answer The I-140 and H1B are completely separate. One's I-140 will remain valid in this situation, and can be used to obtain permanent residence when the priority date becomes current, assuming the job is still available. (09.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other...
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,...
