Answer No, that is merely a proposed regulation. Until and unless it is finalized, it will not impact anyone's cases. Further, even if it is finalized, it would not impact registrations already selected in the H1B lottery. (29.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that...
Answer We are not sure why there was not more movement in the November 2020 Visa Bulletin. Our best guess is that the U.S. Citizenship and Immigration Services (USCIS) has been receiving a flood of I-485 filings over the past several weeks, and the U.S. Department...
The U.S. Department of State (DOS) has finally released the November 2020 Visa Bulletin. There is some movement in the final action (FA) chart, but the dates for filing (DF) chart remains nearly completely unchanged. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 China and India...
This evening, the U.S. Department of Homeland Security (DHS) announced a proposed rule that, if finalized, would end the random selection process used in the current H1B lottery system, and replace it with one that prioritizes H1B registrations based on wage-levels. If this rule is...
The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective October 19, 2020, the filing fee for premium processing is increasing to $2,500. The only exception to this is for I-129 petitions being filed requesting H2B or R-1 status, the fee is increasing to...
Answer UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the accompanying...
Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant maintains...
The October 2020 Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the topics of discussion for this podcast, recorded 07.Oct.2020. Employer specific issues such as I-140 EB2 to EB3 downgrade cases and future employment also are...
Today, Thursday, October 8, 2020, the U.S. Department of Labor (DOL) published an interim final rule, entitled "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States," that changes how prevailing wages are calculated. This applies to foreign national...
Answer There is no rule that specifically prohibits this. We have done this successfully in the past. But, depending on the circumstances, there may be risks in doing so. (08.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
