Answer An L1A denial generally would not prevent the company from reapplying in the L1B category. Obviously, you would need to show that you qualify for L1B. The previous denial would have to be disclosed in the I-129, but this would not automatically prevent the USCIS...
The July 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). There are some notable movements in family-based (FB) as well as employment-based (EB) categories. Most significantly, the F2A category becomes current for all countries of chargeability, as well as the...
On May 20, 2019, the Texas Service Center (TSC) began accepting certain cap-exempt H1B petitions for processing. Beginning July 19, 2019, the U.S. Citizenship and Immigration Services (USCIS) may reject any petition not filed at the appropriate service center. General H1B Filing Address and Other Information Until...
Answer In general, an employer can withdraw the job offer and thus the immigrant petition (I-140) anytime before or after approval. However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the...
Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...
Effective Monday, June 10, 2019, in addition to any cap-subject H1B petition filed for regular processing that requested a change of status, the USCIS will also accept filings of premium processing requests of all remaining cap-subject petitions. Those employers who elect to "upgrade" their pending...
On May 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) updated the Adjudicator's Field Manual (AFM) to reduce the circumstances under which the USCIS will consider granting a case expedited treatment. In general, the USCIS has the authority to grant an expedite request on...
Answer Yes, a person can be the beneficiary of both a family-based and employment-based immigrant petition at the same time. The petitions will not likely interfere with each other. Whichever priority date becomes current first can serve as the basis of your I-485 filing. You should...
A lawsuit challenging a number of recent H1B policies enacted by the U.S. Citizenship and Immigration Services (USCIS) has begun to heat up. IT Serve Alliance v. USCIS is the lawsuit filed by a group of IT consulting companies who are members of the organization...
On May 16, 2019, President Trump unveiled a legislative proposal for immigration reform, an issue that has been a lightning rod for controversy since he took office in January 2017. The proposal, spearheaded by the President's senior adviser and son-in-law Jared Kushner, aims to recalibrate...
