On November 25, 2016, the U.S. Department of Homeland Security (DHS) issued a notice of a proposed revision to the collection of information for USCIS Form I-612, Application for Waiver of the Foreign Residence Requirement. The I-612 is required under Section 212(e) of the Immigration...
Answer The new automatic EAD extension only applies in situations where no other approval is required. For H-4 and L-2 EADs, approval of the underlying status is required first, so the automatic extension is not available. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
The U.S. Department of Homeland Security (DHS) published a final rule on November 18, 2016, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. This new regulation was first proposed in late 2015, as outlined in the MurthyDotCom...
Answer Standard processing is currently very slow - 6 months or more. The case can be converted to premium processing at any time, however. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer One major benefit of the new rule is that the USCIS has clarified that there is no time limit for recapturing unused H1B time. It can be done at any time. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
On October 24, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that adopts the Administrative Appeals Office (AAO) decision in Matter of R-C-C-S-D- as official guidance for USCIS personnel. The AAO decision held that a public language immersion school may qualify...
Answer In general, one in this situation should be able to transfer to a different employer, assuming the current I-94 has not expired. The receipt notice for the amendment should not be relevant in this situation. That being said, this is a complicated question; it typically...
Answer There is no requirement that one apply for a visa "stamp" at any time - it is purely a travel document. The fact that one waits an extended period to apply should normally be irrelevant. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
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...
