Answer One who receives an H1B denial is normally permitted to continue working pursuant to a previously approved H1B petition, as long as it has not been revoked. The only company that would normally be notified of a denial would be the employer that filed the...
The U.S. Department of Homeland Security (DHS) implemented an increase in application fees charged by the Student and Exchange Visitor Program (SEVP) for both students and schools. The changed fees relate to the payments students must submit with the Student and Exchange Visitor Information System...
Answer An H1B employee MUST be paid pursuant to the terms of the approved H1B petition and LCA. Failure to provide the required salary is a violation of DOL regulations by the employer, and may mean that the H1B worker is "out of status." To discuss...
Answer There is no legal prohibition on doing this. However, one in this situation would need to convince a consular officer (if one requires a B-2 visa "stamp") or a CBP officer at the airport (if one already has a B-2 visa) that the purpose in...
An overview of immigration issues related to employees traveling to the United States from abroad is provided in this teleconference from July 3, 2019. Discussed are situations employees may face, including extreme vetting, visa processing, and what happens during the immigration inspection process by U.S....
On July 10, 2019, the U.S. House of Representatives passed H.R.1044, the Fairness for High-Skilled Immigrants Act of 2019. If passed into law, the bill would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. While this news...
Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...
Answer In general, it is not advisable to attempt to pursue a change of H1B petition employers until the "cap" H1B approval has taken effect - normally, October 1st or the date of approval, whichever is later. Attempting to file another H1B before this occurs can...
Answer In general, yes. If the job contained in the original H1B petition is still available, one could continue to work in that position until the petition expires, unless the USCIS has specifically ordered one to depart the United States in the denial notice for the...
On July 2, 2019, the U.S. Department of Homeland Security (DHS) Office of the Citizenship and Immigration Services Ombudsman is putting on a teleconference related to H1B enforcement issues. The following topics will be covered during the teleconference:Compliance and systematic review of H1B petitions...
