AnswerThis is not a yes or no question. We would argue that a person in this situation was counted against the cap, and therefore remains cap exempt. There are a number of technicalities here that the USCIS is raising more frequently than was the case...
Answer It is not necessary to request consular processing for an H-4 COS. The H-4 visa "stamping" does not require an I-539 approval. The H-4 stamp can be requested with proof of the marriage and spouse's valid H1B status. (02.May.2016)In frequent sessions of our Chat, Sheela...
Answer There is no requirement that a person in H-4 status move to H1B before being sponsored for a green card. In fact, it is possible for a person to work based on an H-4 EAD throughout the entire green card process, assuming the individual otherwise...
Answer If you have a valid H1B for both employers, a brief overlap in paystubs between the two employers should not create immigration problems in the future. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
The U.S. Citizenship and Immigration Services (USCIS) announced today that, on May 12, 2016, the agency will begin to adjudicate H1B cap cases filed requesting premium processing. This is consistent with the earlier statement by the USCIS, indicating that the 15-calendar-day processing period for these...
The U.S. Supreme Court heard oral argument April 18, 2016 on the Obama administration's appeal of a decision that halted implementation of the President's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and the expansion of the Deferred Action for Childhood...
Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...
Answer In order to get the full six-year clock reset, it is necessary to be out of the U.S. for a year at the time the H1B case is filed. Most things in immigration require one to qualify at the time of filing. So, the L-1...
The U.S. Department of Homeland Security (DHS) has started a pilot program intended to streamline the employment-based immigration process for participating employers. The Known Employer pilot is intended to reduce or eliminate the need for repeated review and assessment on the background and bona fides of...
