Answer If the first H1B in this example is cap-subject and the full 6-years of H1B time have not yet been used, the answer generally would be no. As a general rule, people only need to be counted against the cap once. (22.Jun.2015)In frequent sessions of...
Answer No, unless you happen to have a Canadian-born spouse. People are chargeable to their countries of birth, with limited exception. This rule applies even if a person acquires a new citizenship. (22.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
As previously explained, the U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended premium processing for certain H1B petitions, from May 26 through July 26, 2015. In announcing the suspension of this service, the USCIS noted that this would only apply to cases "…requesting an extension...
The U.S. Citizenship and Immigration Services (USCIS) has released interim guidance addressing employer obligations for filing amended petitions for H1B workers who have been moved to new worksites. The guidance sets a deadline of August 19, 2015 for H1B employers to come into compliance with the...
Employers who are required to file amended H1B petitions due to employee worksite changes must do so by August 19, 2015. USCIS guidance, issued May 21, 2015, interprets H1B amendment requirements in light of a recent Administrative Appeals Office (AAO) decision, Matter of Simeio Solutions,...
The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective May 26th, the agency "…will temporarily suspend premium processing for all H1B Extension of Stay petitions until July 27, 2015." Further, premium processing fees will be refunded for any H1B extension case filed before May...
The U.S. Citizenship and Immigration Services (USCIS) has the discretion to grant special consideration for various immigration benefits during times of natural disaster, civil unrest, or other adverse conditions in a foreign national's home country. To that end, in the wake of a series of...
Officials with the U.S. Department of State (DOS) met with representatives from the American Immigration Lawyers Association (AILA) on April 15, 2015, to discuss various topics related to visas. Some of the key issues discussed included visa revocations, misrepresentations by minors, and immigrant visa wait...
Many are still anxiously awaiting the outcome of petitions filed against the fiscal year 2016 (FY16) H1B cap. The U.S. Citizenship and Immigration Services (USCIS) announced completion of the lottery selection on April 13, 2015, followed by completion of the data entry process on May...
The U.S. Citizenship and Immigration Services (USCIS) issued a news alert this afternoon, noting that the agency has "…completed data entry of all fiscal year 2016 H1B cap-subject petitions selected…" in the lottery. The USCIS "…will now begin returning all H1B cap-subject petitions that were not...
