Answer We do not have specific statistics on how frequently second RFEs are issued by the USCIS. But, anecdotally, it appears to be very uncommon to see a second RFE issued on an H1B petition.There was a time under the Trump Administration when there was a...
The American Immigration Lawyers Association (AILA) recently sent a letter to the U.S. Department of State (DOS), urging the DOS to address ongoing issues related to E-1 and E-2 visa applications. In the letter, AILA also includes various suggestions that could be implemented to alleviate...
Answer When applying for a visa "stamp," the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain...
For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B...
Answer Assuming the existing H1B petition was filed for a full-time position, you should not rely on that approval to work part time. However, your employer can file an H1B amendment requesting that the position be approved as a part-time position. And, typically, you then could...
Answer The L1A category does not require a set number of subordinates. However, staffing levels can certainly be taken into consideration, along with the categories of employees the person is supervising (e.g., professionals, supervisors). Also, it appears that the USCIS tends to give less weight to...
Answer The regulation states that the grace period starts upon the "cessation of employment." This typically has been interpreted to mean the last day the person performs work for the employer. So, the safest approach likely would be to assume the grace period starts following the...
Today, the U.S. Department of State (DOS) released the December 2022 Visa Bulletin. The most notable change in the latest visa bulletin is additional retrogression in the employment-based, second preference (EB2) category. All cutoff dates listed refer to those in the final action chart (i.e.,...
The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast.The MP3 is available here and in the archive of our teleconferences and podcasts...
Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...
