Answer One normally is not prevented from being sponsored for an H1B position simply because the grace period has ended. However, if the grace period has expired, the H1B normally will be approved only for consular notification (i.e. without an I-94 card). It therefore will require...
Answer One's "after-acquired" spouse typically would file the I-485 application together with the principal applicant, once the priority date becomes current. Normally, until then, no action is required. (12.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
A new non-precedent decision from the Administrative Appeals Office (AAO) provides a broad interpretation for the meaning of "related entities" in the context of multiple H1B filings for the same beneficiary. In Matter of S-S- Inc., the AAO found that the absence of a legal...
In what has become almost routine, the federal government is teetering on yet another potential government shutdown. The deadline for passing a spending bill to extend government operations is midnight on Thursday, February 8, 2018. Failure to pass such a bill would result in the...
Answer Either option would generally be acceptable, although filing together can prevent mistakes later on. It is easy to forget to extend the H-4. (05.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
There are times when it is necessary to request that the U.S. Citizenship and Immigration Services (USCIS) forgive someone's failure to timely file a request to change or extend status. A request to change or extend status typically must be filed before the current nonimmigrant...
Answer Not all nonprofit firms qualify as cap-exempt. In general, only certain nonprofit or governmental research organizations, or nonprofits affiliated with a college or university, qualify as cap-exempt. (29.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer Generally speaking, a person is permitted to live in Canada and commute to an H1B position in the U.S. each day. (This, of course, is assuming that the individual is permitted to reside in Canada, pursuant to Canadian immigration law.) If the H1B job and...
The U.S. Citizenship and Immigration Services (USCIS) has confirmed to the American Immigration Lawyers Association (AILA) that, for the upcoming fiscal year 2019 H1B cap season (i.e. H1B lottery cases to be filed starting in April 2018), no procedural changes from last year are anticipated....
This afternoon, Democrats and Republicans in the U.S. Senate came to an agreement on a stopgap bill to fund the federal government through February 8, 2018. The U.S. House of Representatives is expected to approve the bill and send it to President Trump to sign...
