Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer The job title is largely irrelevant - the important factors are the listed job duties and the "SOC" (standard occupational classification) code chosen for the LCA filing. These generally will govern the USCIS's adjudication. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Last night, the U.S. Senate passed a stopgap bill to fund the federal government through Friday, December 22, 2017. This bill also serves to extend the employment-based, fifth preference (EB5) regional center program for the same time period. This stopgap bill was passed by the...
There have been extensive delays in the issuance of employment authorization documents (EADs) and advance paroles (APs). At the Murthy Law Firm, we have noticed that I-765s for EADs are taking around five-to-seven months to process, while the I-131s for AP applications are taking up...
Because a spending bill has yet to be passed, there is a possibility that the U.S. government will be forced to temporarily shut down, starting December 9, 2017. Such shutdowns are rare and there still is a chance that it will be avoided. But, in...
Answer Unfortunately, the options here normally are limited. Because the I-94 is now expired, one generally would be out of status and begin to accrue unlawful presence from the date of the denial. In this situation, one typically would need to depart the U.S., obtain a...
Answer No, if one has been counted against the H1B cap, moving to a different field of work would not make the person cap-subject. As long as the six years of H1B time have not been fully utilized, the person typically still would remain cap exempt....
Answer Yes, assuming one otherwise qualifies for H-4 status, s/he ordinarily may apply for a change of status while an H1B amendment is still pending. (04.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer In general, the 240-day limit only applies to extensions with the same employer, when 240 days has passed beyond the I-94 expiration date. For a change of employer, one generally could continue working while the petition remains pending. (04.Dec.2017)In frequent sessions of our Chat, Sheela...
… The USCIS denied my H1B petition in late October and I immediately tried to transfer my SEVIS record to another program of study to maintain F-1 status. My DSO said that my record was completed and I had to leave the U.S. Was she...
