The U.S. Citizenship and Immigration Services (USCIS) will be conducting a nationwide trial of updates to the naturalization test. The trial will include changes to the English-speaking and civics portions of the test, while leaving the reading and writing portions unchanged. Goal of Improving Naturalization Process This...
Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that...
Answer Whether you are in breach of this non-compete agreement – and whether the agreement is even enforceable – would be based on state law, not U.S. immigration law. So, you may wish to speak with an employment attorney licensed in your state. Regardless, though, your...
Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided...
The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual so that a receipt for an application for naturalization (form N-400) now also will provide a 24-month extension of the applicant's "green card" (I-551). Prior to this change, if an N-400 applicant wished...
Answer The fact that a company is a start-up with only one employee would not prevent that company from filing and H1B registration. As with any company, the petitioner must have qualifying work available for the foreign national, and the position and beneficiary must meet the...
Answer Generally speaking, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions normally may be unpaid without violating one’s H1B status. (29.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer There is no official form or format used to withdraw a pending I-539 application. When we need to withdraw a pending I-539 for a client, we typically draft a short, simple letter that says we wish to withdraw the application. In the letter, we include...
Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the family-based,...
