Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...
Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is responsible for investigating and enforcing federal minimum wage, overtime pay, and record-keeping requirements, as well as various employment standards and worker protections required under U.S. immigration law. Such investigations are often...
Answer Based on past shutdowns, it seems very unlikely that the USCIS will extend grace periods based on a government shutdown. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Answer We will have to wait and see. Based on what we have seen from past lottery announcements we likely will know whether a third lottery is necessary before the end of November 2023. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...
Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The money needed...
Answer No, applying for an LCA (or receiving the certified LCA back from the DOL) does not provide any direct immigration benefit. If there is a material change in the job, such as when an H1B worker is moving outside the area of intended employment, then...
