Answer It is very hard to say whether the Fairness for High Skilled Immigrants Act has a reasonable chance of being passed in the near future. The House and the Senate each passed different versions of the bill, and they do not have a lot of...
Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the...
Today, a federal district court held that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) violated the Administrative Procedures Act in issuing regulations that failed to go through the normal rulemaking process.The DOL rule was published on October 8,...
Answer There have been widespread reports of delays with receipts being issued for I-140s and I-485s filed at USCIS lockboxes. If your filing fee check has been cashed, this is a good indication that the USCIS is processing your case. And, if you get the cancelled...
Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...
Answer Ordinarily, if you are travelling on H1B (i.e., will be returning with a valid H1B petition and H1B visa "stamp,") this will not impact the pending I-485 or the pending EAD application. However, the AP application will normally be denied if you travel before it...
The U.S. Department of State (DOS) has released the December 2020 Visa Bulletin. Much of the movement is fairly modest, but the most dramatic change is significant retrogression for EB3 India in the dates for filing chart, commonly referred to as Chart B. Visa Bulletin Summary Employment-Based,...
Answer It is possible that the USCIS has lost your case, but the fact that you have not yet been rescheduled for biometrics is not necessarily a cause for alarm. The USCIS has indicated that it is still in the process of rescheduling more than 60,000...
Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...
