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15 Mar 2017

State Department Provides Information Regarding New Executive Order

The U.S. Department of State (DOS) has posted answers to a number of frequently asked questions (FAQs) regarding the Trump Administration's new travel ban, which is scheduled to go into effect on Thursday, March 16, 2017. This travel ban is based on an executive order...

14:58 / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Travel
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15 Mar 2017

New and Revised Receipt Notices for EAD Renewals

On January 17, 2017 a regulation went into effect that permits the automatic extension of certain categories of employment authorization documents (EADs) for up to 180 days based on timely filed EAD renewal applications. This immigration benefit applies to applicants with new, qualifying renewal applications,...

14:27 / For Individuals / NewsBrief / USCIS News / Worker
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13 Mar 2017

If I file an H1B petition before April 3rd, can I later upgrade to premium processing?

Answer No, the USCIS will temporarily stop accepting any new premium processing requests for H1B petitions submitted on or after April 3, 2017. (13.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...

11:47 / FAQs / For Employers / For Individuals / Worker
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13 Mar 2017

Does the suspension of premium processing apply to L-1 or I-140 petitions?

Answer No, the premium processing suspension applies only to H1B petitions filed on or after April 3, 2017. (13.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...

11:44 / FAQs / For Employers / For Individuals / Worker
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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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