Under a new policy that goes into effect on November 1, 2016, the U.S. Department of State (DOS) will no longer accept photographs of visa and passport applicants wearing eyeglasses. The reason for the policy change is to ensure the photographs can be easily scanned...
Answer Yes, this generally is possible. A single LCA can have multiple worksites. And the H1B petition filed by the employer can indicate that the foreign national will work on two different projects at two different locations, but an itinerary of the work schedule typically would...
Answer This depends on the reason for the OPT denial. In some cases, an OPT denial can be reversed. One should consult a qualified attorney to review the specifics of your case. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer This can be a tricky situation. A government memo from some years ago said that a principal nonimmigrant (such as an H1B spouse) could not depart the U.S. leaving behind a "parked" dependent (such as an H-4 spouse). If the H1B is traveling outside the...
Answer Under the current rules, the new employer would need to file a new PERM application and a new I-140. One generally would be allowed to retain the same priority date from the approved I-140, however. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Last night, the U.S. House of Representatives passed a stopgap bill to fund the federal government through Friday, December 9, 2016. This bill also serves to extend the employment-based, fifth preference (EB5) regional center program for the same time period. This stopgap bill was also...
The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) held a teleconference on August 31, 2016 to discuss processing delays for certain types of cases. More specifically, the teleconference focused on adjudication delays of applications for employment authorization documents (EADs), change-of-status (COS) applications, and H1B petitions...
Answer Under the USCIS Matter of Simeio Solutions memorandum, the amendment should be filed before one starts work at a new location. So, if an amendment is filed after the move, this is a potential problem. (This is assuming that the new worksite is in a...
Answer Ordinarily, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions may normally be unpaid without violating one's H1B status. (26.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer That's an interesting question. H1B workers are not permitted to engage in "unauthorized employment." A one-time lottery win is unlikely to be considered employment. However, someone who gambles frequently enough to be deemed a professional gambler might be considered to be engaging in unauthorized employment....
