21 May 2020

My wife will soon be applying for an H-4 EAD. Does she have to wait until she gets the EAD to apply for her Social Security Number? Also, as an H1B worker, do I have to renew my SSN?

Answer No, the application for employment authorization (form I-765) now includes a section that allows a person to apply for aSocial Security Number while applying for an EAD. A person typically is only ever issued one SSN; that number is unique and remains associated with that...

21 May 2020

June 2020 Visa Bulletin: EB1 India Advances

The U.S. Department of State (DOS) has released the June 2020 Visa Bulletin. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 cutoff date for India moves ahead by more...

21 May 2020

NewsFlash! Big Win for H1B Workers, Employers in Settlement Agreement Between USCIS and IT Serve Alliance

Yesterday, the U.S. Citizenship and Immigration Services (USCIS) and IT Serve Alliance reached a settlement agreement, which should positively impact the H1B process for many IT workers and employers. According to the settlement agreement, the USCIS agreed to the following:The USCIS will withdraw the...

14 May 2020

I was laid off last month, but my employer is paying my salary for an additional 30 days. Does my 60-day grace period start on the day of my last paycheck?

Answer Normally, if a person is eligible for a 60-day grace period, it starts upon the cessation of employment. The date one's last paycheck is issued does not control. (14.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07 May 2020

My H1B registration was selected in the lottery. I am having trouble getting all the documents I need for the H1B petition due to the COVID-19 situation. Has the USCIS extended the deadline for when we need to file the H1B petition?

Answer No, the USCIS has not extended this deadline. Cases selected in the registration lottery must be filed within the period indicated on the registration selection notice (which, for most people, is June 30, 2020). (07.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07 May 2020

I was laid off from my H1B job a few weeks ago, so I filed for a change of status to B-2. I now have a new company willing to sponsor me for an H1B position. Can I start working as soon as the petition is filed?

Answer If you are still within your 60-day grace period, you generally could start working for the new employer upon the filing of the H1B change-of-status petition. The fact that you filed an application to change status to B-2 should not impact your eligibility, assuming it...