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06 Mar 2017

NewsFlash! Trump to Sign New Travel Ban Executive Order Today

Updated Later in the day on March 6, 2017 This order has been signed. The travel ban is set to go into effect March 16, 2017. . . . . . . . . . . Later today, President Trump is expected to sign an executive order that...

11:06 / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Student / Travel / Visitor / Worker
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06 Mar 2017

Does an H1B petition by a new employer impact a pending PERM case filed by a different employer?

Answer In general, H1B petitions and PERM/I-140s are independent of one another. One filing would not typically impact the other one. (06.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 on chat...

07:50 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

Do I need to maintain H-4 status while my I-485 is pending?

Answer This is optional - many choose to maintain the underlying status as protection in the case of an I-485 denial. A denial of the I-485 after the nonimmigrant status is abandoned normally means that one must depart the United States. (06.Mar.2017)In frequent sessions of our...

07:46 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

I left the U.S. in June 2016 after completing my six years of H1B time. Can I now be sponsored for a new H1B in this year’s lottery?

Answer Once a person has used the full six-year period of H1B time, s/he generally would need to be outside the U.S. for at least one full year before a new cap-subject petition could be filed. The key here is that the individual must be eligible...

07:43 / FAQs / For Individuals / H1B / Worker
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06 Mar 2017

Grace Period for Nonimmigrant Workers Following Loss of Employment

A U.S. Department of Homeland Security (DHS) regulation affecting highly skilled workers went into effect on January 17, 2017. One of the key components of the new regulation is the availability of a grace period of up to 60 days for certain categories of nonimmigrant...

07:41 / Employment Based / For Families / H1B / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Worker
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06 Mar 2017

Does the H1B premium processing suspension affect H1B extensions and H1B transfer applications as well?

Answer Unfortunately, the premium processing suspension applies to ALL H1B petitions filed on or after April 3, 2017. (06.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 on chat participation, click here.Access...

07:38 / FAQs / For Employers / For Individuals / Worker
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03 Mar 2017

USCIS Will Temporarily Suspend Premium Processing for All H1B Petitions

Starting April 3, 2017, the USCIS will temporarily suspend premium processing for all H1B petitions. This suspension may last up to six months. While H1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a...

19:10 / H1B / NewsBrief / USCIS News / Worker
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02 Mar 2017

DHS Continuing to Expand Social Media Scrutiny of Foreign Travelers

The U.S. Department of Homeland Security (DHS) is continuing to expand its scrutiny of the social media presence of foreign travelers and foreign nationals applying for U.S. immigration benefits. DHS Secretary John Kelly has stated that the Trump Administration's "extreme vetting" policies may include asking...

08:05 / For Families / For Individuals / NewsBrief / Student / Travel / Visitor / Worker
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27 Feb 2017

H1B Petitions for In-House Projects at Consulting Companies

Many U.S. employers that normally engage in providing tech consulting services seek to expand revenue streams by also developing their own proprietary software that can be marketed to clients. As part of the development process, these companies may seek to hire H1B workers to serve...

13:23 / For Employers / H1B / NewsBrief / USCIS News / Worker
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27 Feb 2017

If the Trump Administration does away with H-4 EADs, what options do we have?

Answer As of the time of this writing, the Trump Administration has not taken any actions to modify or eliminate the H-4 EAD program. Further, even if the Administration decides to cancel the program, this would very likely require a formal rule-making process, which would take...

13:21 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
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