... However, it has been several months since the requested OPT start date and my application is still pending after the USCIS issued a request for evidence (RFE) on my case and I responded to it. Should I be concerned that the time I remain...
Answer It is important to understand that the H-4 EAD is still available. We have not yet even seen a formal proposal to eliminate it - all we have is an indication that such a regulation is being written. It may never be released. If it...
Answer There is no indication of such a rule being proposed at this time. Further, the ability to extend H1B status beyond 6 years is partially based on a law, rather than a regulation. Therefore, to get rid of this rule would likely require that Congress...
Answer Yes, multiple H1B filings are permitted. If both are approved, the employee generally is able to choose the employer for whom s/he prefers to work. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer Such a proposal has been introduced in Congress, and has been promoted by the Trump Administration. It does not appear to have much support at this time, and passage seems unlikely. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
... After a very short interview, the consular officer denied my visa application based on a lack of ties with my home country of China. I have a valid B-1/B-2 visa stamp in my passport, which I received 2 years ago. Can I use that...
Answer In general, the recommendation by the interviewing officer must be "approved" by a supervisor to result in a final approval. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer There is no way to tell. Unfortunately, the USCIS has been very stingy in allowing utilization of the DF chart, especially for employment-based cases. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer The job title is largely irrelevant - the important factors are the listed job duties and the "SOC" (standard occupational classification) code chosen for the LCA filing. These generally will govern the USCIS's adjudication. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
