The USCIS confirmed to the American Immigration Lawyers Association (AILA) that, because June 30, 2024 falls on a Sunday, cap-subject H1B petitions that are properly filed on Monday, July 1, 2024 will be considered timely filed. This only applies paper-based H1B filings; H1B petitions filed...
In May 2015, a regulation was implemented to finally allow at least some H-4 dependent spouses to obtain work authorization. Given that the program has been in place for nearly a decade, seasoned H1B workers and H-4 dependents are typically aware of the requirements to...
The American Immigration Lawyers Association (AILA) recently sent a comment to the U.S. Department of State (DOS) regarding the pilot domestic visa renewal program, which ran from January 29, 2024, through April 1, 2024. In its comment, AILA offers numerous suggestions on ways to improve...
Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)Sheela Murthy...
Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one's spouse for purposes of applying for an H-4...
Answer No, this typically is not a problem from the USCIS perspective. Over the years, the USCIS has enacted various measures to make it easier for H1B workers to move from employer to employer, when desired. And, USCIS officers are not generally interested in punishing employees...
When a PERM labor certification case is filed, the employer must state the minimum education and/or experience requirements for the sponsored position. If the employer requires a higher level of education and/or experience than what the U.S. Department of Labor (DOL) considers normal for the...
Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...
Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to "extend" H1B status beyond the standard 6-year max. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance...
Answer Typically, moving to a higher or lower wage level with a new employer would not create any issues with the USCIS. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
