It is fairly common for dependents of a nonimmigrant worker to file an application to extend / change nonimmigrant status (form I-539) concurrently with the principal spouse's petition for a nonimmigrant worker (form I-129). Historically, if the I-129 was filed with a request for premium...
Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...
Answer It is normally possible to "upgrade" an H1B to Premium Processing by submitting the form I-907 and filing fee, along with a NOID (or RFE) response. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...
Answer Even if there is no change in the work location, an H1B amendment is required when there is a "material" change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much...
Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...
Answer In general, an LCA will be certified within 7-10 days, and occasionally more quickly than that. (31.Jul.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...
In early June 2019, the Office of Foreign Labor Certification (OFLC) at the U.S. Department of Labor (DOL) began rolling out the Foreign Labor Application Gateway (FLAG) system, a cloud-based system, which is replacing iCERT. On June 10th, OFLC started accepting applications for prevailing wage...
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...
Answer One MUST be in the United States to file an I-485. If one is not, s/he must apply for a green card through consular processing with the U.S. Department of State at a U.S. consulate. The employer may need to file form I-824 to convert...
