07 Aug 2017

I have an approved I-140 with Employer A, and I am about to complete six years on H1B. Can I file for an H1B change of employer / extension with Employer B, even if the new H1B position is completely different from the I-140 position?

Answer In general, an approved I-140 can be used to extend H1B status beyond 6 years, regardless of the job or employer. (07.Aug.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...

02 Aug 2017

NewsFlash! Trump, GOP Senators Propose Bill to Modify Immigration System, Slash Visa Numbers

Today, President Trump announced his support for a bill proposed by Republican Senators Tom Cotton (AR) and David Perdue (GA) that, if passed, would make massive changes to the U.S. immigration system. The proposal would replace the current employment-based immigration system with a merit-based system....

31 Jul 2017

I am eligible to apply for U.S. citizenship, but my husband and children will not qualify for another year. Is it advisable for me to wait and apply for the whole family at the same time?

Answer In general, there is no particular benefit for a family to wait to file naturalization applications at the same time, other than the fact that the citizenship interviews generally will be scheduled for the same day. Also, depending on the circumstances, the children may become...

24 Jul 2017

I have an approved I-140, but I plan on leaving my employer and moving out of the U.S. for the time being. Can I still keep the same priority date if I return to the U.S. in a few years?

Answer Leaving the United States generally would not cause one to lose a priority date. A U.S. company typically could file a new PERM and I-140 for the individual, and transfer the old priority date to the new I-140. (24.Jul.2017)In frequent sessions of our Chat, Sheela...

24 Jul 2017

If I move from H1B to H-4 EAD, would I be able to later convert back to H1B? Would I have to go through the lottery again?

Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.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...