On March 7, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual for mobile biometrics collection. This guidance clarifies the circumstances under which the USCIS will offer mobile biometrics for individuals who are unable to attend appointments at...
Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...
Answer If a former (or current) H1B employer fails to pay timely pay the wages owed, the H1B worker may file a complaint with the U.S. Department of Labor Wage and Hour Division. (23.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Once the change of status is approved, assuming it has an immediate start date, the H-4 dependent typically would need to stop working until the EAD is issued. In practice, however, when an H-4 and H-4 EAD are filed together, it appears the USCIS normally...
Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...
The U.S. Citizenship and Immigration Services (USCIS) has extended the deadline to submit registrations for the fiscal year 2024 (FY24) H1B lottery through 5:00 pm Eastern Time (ET) on March 20, 2023. This change was implemented due to technical difficulties that arose with the H1B...
On March 3, 2023, the United States Citizenship and Immigration Services (USCIS) released guidance clarifying how it evaluates evidence to determine eligibility for O1B nonimmigrants of extraordinary ability in the arts and of extraordinary achievement in the motion picture or television industry. This guidance provides...
Answer The regulation states that the 60-day grace period starts upon the "cessation of employment." So, in a case like this, it has been open to interpretation whether the grace period starts following the last day the person performs work, or if it starts following the...
Answer Typically, a change in status to H1B would have no impact on the validity of an H-4 visa "stamp." As long as the visa has not expired, it typically can be used to request readmission in H-4 status (assuming the principal H1B worker remains in...
Answer If a case is approved for consular processing, this means that the H1B was approved without an I-94 card. The beneficiary then normally would need to travel abroad and return with a valid H1B visa "stamp" in order to be admitted in H1B status. (16.Mar.2023)Sheela...
