The U.S. Citizen and Immigration Services (USCIS) released a policy memorandum, on March 31, 2017, that addresses whether the position of computer programmer qualifies as a "specialty occupation" for H1B purposes. The memo rescinds a December 22, 2000 memo that instructed USCIS adjudicators to generally...
Answer The wording of the January 2017 regulation appears to encompass both voluntary and involuntary termination of employment. So, one most likely would be eligible for the 60-day grace period. (10.Apr.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer A person can only have one nonimmigrant status at any given time. (10.Apr.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 chat participation, click here.Access more FAQs here. Copyright © 2017,...
Answer The USCIS can inquire whether one has "lawfully" obtained permanent residence - in other words, whether there was any fraud or legal error during the green card process. In rare circumstances, such incidents can prevent naturalization, or even result in loss of one's GC status....
The U.S. Citizenship and Immigration Services (USCIS) announced today that the H1B cap limit for fiscal year 2018 (FY18) has been reached. This applies to both the 65,000 regular H1B cap limit as well as the 20,000 advanced degree (masters) cap exemptions.As the H1B case...
The U.S. Citizenship and Immigration Services (USCIS) issued a news release on April 3, 2017, announcing "multiple measures to further deter and detect H1B visa fraud and abuse." Per the release, the USCIS will use new criteria to determine which H1B employers and worksites to...
On March 31, 2017, United States Citizenship and Immigration Services (USCIS) released a policy memorandum that may affect the ability of some persons employed as computer programmers to obtain H1B status. The new memorandum specifically revokes a December 22, 2000 memo that had been issued ...
Answer No, the recent memo from the USCIS is simply saying that entry-level computer programmers do not automatically meet the definition of a "specialty occupation;" so, the burden is on the petitioning employer to demonstrate why the particular position they are offering still qualifies, even if...
Answer The guidance in the new memorandum applies to all H1B petitions. (03.Apr.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 chat participation, click here.Access more FAQs here. Copyright © 2017, MURTHY...
Answer Generally speaking, an I-485 applicant becomes a permanent resident upon the approval of the I-485. In that situation, a pending application to change status to H-4 becomes moot. Nothing needs to be done, as that application should ultimately be denied by the USCIS for that...
