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25 Sep 2023

Possible Government Shutdown as of 01.Oct.2023

Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The money needed...

06:48 / Consulates / Employment Based / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Resident / Travel / USCIS News / Worker
21 Sep 2023

I understand that an H1B amendment is required when I move to a new work location. Is it permissible though to move to the location once we get the LCA, as long as we then file the H1B amendment?

Answer No, applying for an LCA (or receiving the certified LCA back from the DOL) does not provide any direct immigration benefit. If there is a material change in the job, such as when an H1B worker is moving outside the area of intended employment, then...

07:34 / FAQs / For Employers / For Individuals / Worker
21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

07:31 / Employment Based / Family Based / FAQs / For Individuals / Resident / Student / Visitor / Worker
07 Sep 2023

Overview of the J-1 Visa Process

Pursuant to the regulations, the J-1 program was established to "increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist [the U.S. Department of State] in furthering...

08:30 / InfoArticle / J-1 Exchange / Medical / Physicians / Worker
07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
31 Aug 2023

My H1B extension was filed prior to my I-94 expiring. The USCIS issued an RFE on the petition and my employer is responding to it soon. My I-94 recently expired. If the extension is denied, how long of a grace period will I get?

Answer Unfortunately, if the H1B worker's I-94 has already expired by the time the USCIS denies an extension, there generally is no grace period. Rather, the person typically begins to start accruing unlawful presence immediately following the issuance of the denial. (31.Aug.2023)Sheela Murthy and other senior...

09:24 / FAQs / For Employers / For Individuals / Worker