17 Jun 2019

My employer made an error on my I-9 form when I was hired several months ago. The company has asked me to fill out a new I-9. Does this impact my immigration status?

Answer The I-9 is a form that is retained in the employer's records. It only serves to confirm that the people employed by the company are legally authorized to work. It has absolutely no impact on one's immigration status. (17.Jun.2019)In frequent sessions of our Chat, Sheela...

17 Jun 2019

I was in the U.S. in H1B status previously and I have an approved I-140. I am currently living in India. I applied for a job in the U.S., and the company wishes for me to come in for an in-person interview. What type of visa can I apply for, and what documents do I need from the U.S. company?

Answer Assuming that the company has not yet filed an H1B petition, the proper visa for one in this situation would normally be a B-1/B-2 "visitor" visa. This type of visa is not "sponsored." However, a letter from the company, on company letterhead, inviting one to...

10 Jun 2019

If the priority date for an employment-based immigration petition (I-140 form) becomes current, can the petitioner file an I-485 while s/he is in India working for the same company?

Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...

07 Jun 2019

H1B Cap Cases Filed for Consular Notification of a Beneficiary’s H1B Visa Can Now Be Upgraded to Premium Processing

Effective Monday, June 10, 2019, in addition to any cap-subject H1B petition filed for regular processing that requested a change of status, the USCIS will also accept filings of premium processing requests of all remaining cap-subject petitions. Those employers who elect to "upgrade" their pending...

04 Jun 2019

DS-160 and DS-260 Now Require Social Media Information

The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an...

03 Jun 2019

USCIS Implements Stricter Expedite Request Criteria

On May 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) updated the Adjudicator's Field Manual (AFM) to reduce the circumstances under which the USCIS will consider granting a case expedited treatment. In general, the USCIS has the authority to grant an expedite request on...