13 May 2020

Updated Visa Bulletin Information and Predictions

During a recent virtual meeting with the American Immigration Lawyers Association, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provided some updated information and a couple of predictions regarding the monthly visa bulletin. All predictions refer to...

07 May 2020

My H1B registration was selected in the lottery. I am having trouble getting all the documents I need for the H1B petition due to the COVID-19 situation. Has the USCIS extended the deadline for when we need to file the H1B petition?

Answer No, the USCIS has not extended this deadline. Cases selected in the registration lottery must be filed within the period indicated on the registration selection notice (which, for most people, is June 30, 2020). (07.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

30 Apr 2020

I understand that the USCIS has temporarily suspended all premium processing during the pandemic. If I file an H1B petition now, and premium processing is reimplemented while my case is pending, can I then upgrade my case to premium?

Answer Yes, ordinarily, one can "upgrade" a case to premium processing at any time (assuming that the case otherwise is eligible for premium processing.) (29.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

21 Apr 2020

NewsFlash! USCIS Waiving In-Person Interview Requirements for Some Cases

The American Immigration Lawyers Association (AILA) has received numerous reports of the U.S. Citizenship and Immigration Services (USCIS) sporadically waiving the in-person interview requirement during the COVID-19 pandemic. Most of the reports are related to family and employment-based adjustment-of-status (form I-485) cases. The USCIS suspended...

16 Apr 2020

Earlier this week, the USCIS posted on its website an announcement about delays in extension / change of status filings. The announcement also talks about the ability to file late. Does this provide any protections to H1B workers who are laid off?

Answer This announcement by the USCIS is not a new policy, or any type of new benefit for foreign nationals in the U.S. It is merely pointing to provisions that already exist in the law. There has been a push to get the USCIS to provide...