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13 Mar 2017

Have there been any new regulations that will make it harder to get an AP document renewed?

Answer There have not been any recent changes to the advance parole (AP) process for I-485 applicants. It is unclear whether the process may change in the future. (13.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

11:40 / FAQs / For Individuals / Homeland Security / Resident / Travel
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09 Mar 2017

April 2017 Visa Bulletin: Very Little Movement

The April 2017 Visa Bulletin was released this afternoon. Once again, there is no movement in the dates for filing (DF) chart. In the final action (FA) chart, the employment-based, second preference (EB2) category for India advances by three weeks, to June 22, 2008. EB2...

16:30 / AOS/CP / Employment Based / For Individuals / NewsBrief / Resident / Visa Bulletin
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06 Mar 2017

NewsFlash! Trump to Sign New Travel Ban Executive Order Today

Updated Later in the day on March 6, 2017 This order has been signed. The travel ban is set to go into effect March 16, 2017. . . . . . . . . . . Later today, President Trump is expected to sign an executive order that...

11:06 / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Student / Travel / Visitor / Worker
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06 Mar 2017

Does an H1B petition by a new employer impact a pending PERM case filed by a different employer?

Answer In general, H1B petitions and PERM/I-140s are independent of one another. One filing would not typically impact the other one. (06.Mar.2017)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...

07:50 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

Do I need to maintain H-4 status while my I-485 is pending?

Answer This is optional - many choose to maintain the underlying status as protection in the case of an I-485 denial. A denial of the I-485 after the nonimmigrant status is abandoned normally means that one must depart the United States. (06.Mar.2017)In frequent sessions of our...

07:46 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

I left the U.S. in June 2016 after completing my six years of H1B time. Can I now be sponsored for a new H1B in this year’s lottery?

Answer Once a person has used the full six-year period of H1B time, s/he generally would need to be outside the U.S. for at least one full year before a new cap-subject petition could be filed. The key here is that the individual must be eligible...

07:43 / FAQs / For Individuals / H1B / Worker
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06 Mar 2017

Does the H1B premium processing suspension affect H1B extensions and H1B transfer applications as well?

Answer Unfortunately, the premium processing suspension applies to ALL H1B petitions filed on or after April 3, 2017. (06.Mar.2017)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...

07:38 / FAQs / For Employers / For Individuals / Worker
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02 Mar 2017

DHS Continuing to Expand Social Media Scrutiny of Foreign Travelers

The U.S. Department of Homeland Security (DHS) is continuing to expand its scrutiny of the social media presence of foreign travelers and foreign nationals applying for U.S. immigration benefits. DHS Secretary John Kelly has stated that the Trump Administration's "extreme vetting" policies may include asking...

08:05 / For Families / For Individuals / NewsBrief / Student / Travel / Visitor / Worker
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23 Feb 2017

Certain Nonimmigrant Victims of Spousal Abuse Can Now Apply for EADs

On February 14, 2017, the U.S. Citizenship and Immigration Services (USCIS) published the long-awaited application for employment authorization for abused nonimmigrant spouses (form I-765V). The new form allows certain categories of nonimmigrant spouses, including those in A, E-3, G, or H status, to now apply...

07:23 / For Families / For Individuals / NewsBrief / Nonimmigrant Family / USCIS News
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20 Feb 2017

Leaked DHS Memos Detail How Executive Orders Will Be Implemented

On Friday, two memos were signed by John Kelly, Secretary of the Department of Homeland Security (DHS) that detail how the DHS will be implementing President Trump's executive orders related to border security and internal enforcement of immigration laws. One memo, entitled "Implementing the President's...

14:39 / For Families / For Individuals / Homeland Security / NewsBrief / Travel
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