Answer One major benefit of the new rule is that the USCIS has clarified that there is no time limit for recapturing unused H1B time. It can be done at any time. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
On October 24, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that adopts the Administrative Appeals Office (AAO) decision in Matter of R-C-C-S-D- as official guidance for USCIS personnel. The AAO decision held that a public language immersion school may qualify...
Answer In general, one in this situation should be able to transfer to a different employer, assuming the current I-94 has not expired. The receipt notice for the amendment should not be relevant in this situation. That being said, this is a complicated question; it typically...
Answer There is no requirement that one apply for a visa "stamp" at any time - it is purely a travel document. The fact that one waits an extended period to apply should normally be irrelevant. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer One is legally permitted to work for a new employer upon the filing of an H1B petition requesting a change of employer. The risk is that a denial of the new H1B petition would leave one without any valid status. (14.Nov.2016)In frequent sessions of our...
Answer This is a problem that has been arising frequently in recent months. There have been many recent denials on this ground, so there is a high risk of rejection. But, depending on the circumstances, there may be arguments that can be made. You should consult...
Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in...
Answer Generally speaking, an H1B extension or change of employer denial would have no impact on the validity of an existing H1B petition. So, ordinarily, a person in this situation may continue to work pursuant to the existing H1B petition until it expires. (31.Oct.2016)In frequent sessions...
Answer As part of filing for a green card based on a marriage to a U.S. citizen, one must demonstrate the validity of your marriage (i.e. your joint life together). If the couple is living apart, they will need to provide documentation evidencing the cause for...
Answer As long as the foreign national continues to work in accordance with the terms of the approved H1B petition, it generally is permissible to also enroll in school as a full-time student. (31.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
