Answer One who has timely filed for a change or extension of status normally would be permitted to remain in the U.S. until a decision on the application is issued. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...
Answer It is normally possible to "upgrade" an H1B to Premium Processing by submitting the form I-907 and filing fee, along with a NOID (or RFE) response. (07.Aug.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...
Answer Even if there is no change in the work location, an H1B amendment is required when there is a "material" change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much...
Answer On November 21, 2019, a new regulation will go into effect that raises the minimum investment amount for EB5 cases to $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is a rural area or area of...
Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...
Answer In general, an LCA will be certified within 7-10 days, and occasionally more quickly than that. (31.Jul.2019)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 participation, click here.Access more...
Answer To file for one's I-485 with another employer, a new PERM and I-140 would normally be required. But the approved I-140 still provides some benefits.Generally speaking, once an I-140 has been approved, the priority date can be used for any other I-140 filed on behalf...
Answer In most circumstances, a denial of one H1B petition would not impact the H1B petition that has already been approved. (24.Jul.2019)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...
