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18 Dec 2015

Omnibus Bill Passed by Congress, Includes Several Immigration Provisions

Earlier today, both the U.S. House of Representatives and the U.S. Senate passed an omnibus spending bill that serves to prevent a government shutdown. President Obama has indicated that he will sign the bill into law once it reaches his desk. Included within the massive...

14:04 / For Individuals / H1B / Investor / L-1 / Legislation / NewsBrief / Visitor
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17 Dec 2015

NewsFlash! Omnibus Bill Would More Than Double Filing Fees for Many H1B, L-1 Employers

Congress is expected to vote on an omnibus bill by Friday that would fund the federal government through September 2016. Included in the 2,009-page bill is a provision that would add a fee of $4,000 per H1B petition and $4,500 per L-1 petition filed by companies...

11:08 / For Employers / H1B / L-1 / NewsBrief
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14 Dec 2015

Is attorney assistance mandatory for H1B extensions & GC paperwork?

Answer There is no law requiring the use of an attorney for immigration cases. There are, however, many things that can and do go wrong when cases are prepared without proper legal advice. Some companies do H1Bs internally, but very few try PERMs on their own....

07:55 / Employment Based / FAQs / Resident / Worker
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14 Dec 2015

I am in H1B status and have an I-485 that has been pending for fewer than 180 days. Can I transfer to a different H1B employer without jeopardizing my I-485?

Answer It is risky to leave the initial sponsoring employer prior to the 180-day mark. Simply filing the H1B would not automatically result in the loss of the I-485. But, if one does not plan to return to the sponsoring employer upon issuance of the green...

07:51 / Employment Based / FAQs / Resident / Worker
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14 Dec 2015

“But I read it on the Internet!” – The Myth of the Grace Period

Immigration law is highly complex, often considered on the level of federal securities law or tax law in its intricacy and complexity. Misunderstandings are common and, frequently, get mixed in with helpful tips exchanged online and elsewhere. A common misconception is a mythical grace period...

07:45 / For Individuals / H1B / InfoArticle / Student / Worker
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07 Dec 2015

Is it legal to file an I-485 based on previous employer’s I -140?

Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...

13:34 / Employment Based / FAQs / Resident / Worker
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07 Dec 2015

I started a company on H-4 EAD. What will happen to the company if my spouse loses his H1B position?

Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...

13:30 / Employment Based / FAQs / Resident / Worker
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07 Dec 2015

I am in H-4 status and wish to enroll in university in the U.S. Am I considered a domestic or international student?

Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.2015)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...

13:26 / FAQs / For Families / Nonimmigrant Family / Student / Worker
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30 Nov 2015

Is it possible to enroll in university part-time, while working in H1B status?

Answer Yes, H1B workers can attend school in addition to their employment. The guidance on this is brief; it just says that the H1B job must be the primary purpose for being in the United States. So, we usually think of this as full-time work, part-time...

13:50 / FAQs / Student / Worker
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30 Nov 2015

Is it possible to change to H1B status after completing 5 years in L1A status?

Answer Yes, but thought must be given to the H1B timing. The L-1 time counts against the H1B six-year limit. So, a person who spent 5 years in L1A status would typically only have one year of H1B time available. The H-1 could be extended beyond...

13:48 / FAQs / Worker
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