04 May 2016

Adoption of AAO Decision Clarifies Eligibility of Specialists for Physician NIWs

The U.S. Citizenship and Immigration Services (USCIS) has adopted a decision of the Administrative Appeals Office (AAO) addressing the requirements for medical specialists seeking a physician-specific national interest waiver (NIW). This solidifies a long-standing practice by the USCIS, which allows all physicians, both primary care...

25 Apr 2016

I have an approved I-140 and have been in H1B status for 9 years. I may need to move to H-4 status temporarily for personal reasons. Can I move back to H1B later based on the approved I-140?

Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...

21 Apr 2016

Annual Reminders for Individuals – Green Card Applications & Expirations

This final NewsBrief in our series of annual reminders focuses on key dates within immigration law. The subject here is primarily dates important to permanent residents ("green card" holders) and those applying to become permanent residents of the United States. Regularly Check Priority Date Movement to...

18 Apr 2016

I have completed 6 years in H1B status. My LC is being appealed with BALCA. If I go back to India for one year, and then wish to return in H1B status, do I have to go through the lottery again? If not, how much H1B time will I get?

Answer A case pending with BALCA may be used as a basis to apply for a one-year extension of H1B status, assuming the LC was filed at least 365 days prior. So, if the beneficiary left for a year and the BALCA case is still pending,...