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10 Oct 2019

NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019

On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...

17:37 / Consulates / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker
10 Oct 2019

NewsFlash! New USCIS Forms with New Public Charge Rule Required as of 15 Oct 2019

The new versions of forms I-129, I-539, I-864, and I-485 were posted on the U.S. Citizenship and Immigration Services (USCIS) website yesterday. The new I-944 (Declaration of Self-Sufficiency) form has also been put up. These forms now include the updated public charge rule. The USCIS...

10:07 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
09 Oct 2019

My wife’s H-4 EAD application is pending. If I switch to a different H1B employer, will that create problems for her EAD application?

Answer A change to a different employer by the principal H1B holder normally has no impact on the spouse's pending H-4 EAD. (09.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more FAQs here. Copyright...

15:28 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
02 Oct 2019

Company B is going to file an H1B change of employer for me. I plan on staying with Company A until the change-of-employer petition is approved. Will the USCIS notify Company A that this change of employer has been filed?

Answer Typically, the only party that USCIS notifies regarding an H1B petition is the employer that filed the petition (and that employer's attorney, if applicable). (02.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

14:11 / FAQs / For Individuals / Worker
27 Sep 2019

U.S. Senate May Allow Vote on Bill to Remove Per-Country Limits

Since its introduction, the Fairness for High-Skilled Immigrants Act (H.R. 1044 / S. 386) has been the subject of great interest and excitement within immigration circles. The bill would eliminate the per-country cap on employment-based green card petitions and increase the cap on family-based petitions....

15:15 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / Legislation / NewsBrief / Resident / Worker
26 Sep 2019

I am working for my own company based on an H-4 EAD. Can my company sponsor an H1B worker?

Answer Generally speaking, virtually any U.S. company, including one owned by someone with an H-4 EAD, may sponsor H1B workers. That being said, you likely need a backup plan in case the H-4 EAD program is terminated in the future. Also, sponsoring a close family (like...

09:10 / Employment Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
26 Sep 2019

My H1B change of employer was approved, and I am about to travel abroad for a few weeks. My visa stamp, issued through my previous employer, expires in 3 months. Can I still use that visa?

Answer Generally speaking, the H1B visa foil (i.e., "stamp") remains valid, even if the person moves to a different employer. Typically, as long as the visa is still unexpired at the time one requests admission to the U.S., the CBP officer at the port of entry...

09:06 / FAQs / For Individuals / Travel / Worker