Answer One is legally permitted to work for a new employer upon the filing of an H1B petition requesting a change of employer. The risk is that a denial of the new H1B petition would leave one without any valid status. (14.Nov.2016)In frequent sessions of our...
Answer This is a problem that has been arising frequently in recent months. There have been many recent denials on this ground, so there is a high risk of rejection. But, depending on the circumstances, there may be arguments that can be made. You should consult...
Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in...
On October 24, 2016 the U.S. Citizenship and Immigration Services (USCIS) posted a notice in the Federal Register announcing an increase in filing fees for most types of immigration filings. These fee increases are scheduled to go into effect December 23, 2016. USCIS Rationale for Fee...
Answer Generally speaking, an H1B extension or change of employer denial would have no impact on the validity of an existing H1B petition. So, ordinarily, a person in this situation may continue to work pursuant to the existing H1B petition until it expires. (31.Oct.2016)In frequent sessions...
Answer As part of filing for a green card based on a marriage to a U.S. citizen, one must demonstrate the validity of your marriage (i.e. your joint life together). If the couple is living apart, they will need to provide documentation evidencing the cause for...
Answer As long as the foreign national continues to work in accordance with the terms of the approved H1B petition, it generally is permissible to also enroll in school as a full-time student. (31.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
A large percentage of the H1B petitions filed with United States Citizenship and Immigration Services (USCIS) each year involve employment in the so-called "E-V-C" (employer-vendor-client) model. In such EVC model cases, the H1B employee is placed at the worksite of a company other than the...
Answer Unfortunately, this provision applies only to H1B status, not to L-1. L1A status cannot be extended beyond 7 years. (24.Oct.2016)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,...
Answer H1B petitions can always be 'upgraded' to premium processing. Cases filed for premium processing (whether filed that way initially or upgraded later) appear to have a greater incidence of being issued RFEs. This is likely due to the strict timelines the USCIS officers must adhere...
