It seems that the Trump Administration is no longer pursuing efforts to eliminate extensions of H1B status beyond the standard six-year max, as permitted by the American Competitiveness in the Twenty First Century Act (AC21). The U.S. Citizenship and Immigration Services (USCIS) noted that it...
Answer USCIS generally has nothing to do with a visa application at the consulate. One can eMail the consulate directly, but this works inconsistently. Two to three months is the norm for 221g requests at this point. (08.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer Concurrent H1Bs are permitted. Each company must receive their own H1B approval on one's behalf. (08.Jan.2018)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 FAQs...
Once again, Congress has passed a short-term bill to fund the federal government for a few weeks. The federal budget is now extended through January 19, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period.No action...
Answer Such a proposal has been introduced in Congress, and has been promoted by the Trump Administration. It does not appear to have much support at this time, and passage seems unlikely. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
The U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum dated November 8, 2017 that provides guidance for officers adjudicating L1A petitions for function managers. This memo is based on the ruling from the administrative appeals office (AAO) in Matter of G- Inc.,...
Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer The job title is largely irrelevant - the important factors are the listed job duties and the "SOC" (standard occupational classification) code chosen for the LCA filing. These generally will govern the USCIS's adjudication. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Last night, the U.S. Senate passed a stopgap bill to fund the federal government through Friday, December 22, 2017. This bill also serves to extend the employment-based, fifth preference (EB5) regional center program for the same time period. This stopgap bill was passed by the...
Because a spending bill has yet to be passed, there is a possibility that the U.S. government will be forced to temporarily shut down, starting December 9, 2017. Such shutdowns are rare and there still is a chance that it will be avoided. But, in...
