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25 Mar 2024

USCIS Updates Policy Guidance for Expedite Requests

On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS Policy...

10:15 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News
20 Mar 2024

My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...

14:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
20 Mar 2024

A number of years ago, I worked for about 1 year in H1B status. I then worked in India for a couple of years and came back to the U.S. in L1B status. I now wish to move to a new employer, who is filing an H1B change-of-status petition for me. Can I begin working for them upon receipt?

Answer No. In order to begin working based on a change of status from L-1 to H1B, one must wait for the H1B petition to be approved. (20.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

14:16 / FAQs / For Employers / For Individuals / Worker
11 Mar 2024

April 2024 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2024 Visa Bulletin. This month's visa bulletin also provides some predictions for movement in the coming months. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa...

15:14 / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / Visa Bulletin
06 Mar 2024

I am on H1B and, when I joined my current employer, I agreed to provide 4-weeks’ notice if I was going to move to a new employer. I get a job offer that wants me to start in 2 weeks. If I do not give the full 4-weeks’ notice, would that be a violation of my H1B status?

Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter - not viewed as a violation...

06:51 / FAQs / For Employers / For Individuals / H1B / Worker