03 Dec 2020

I understand that a court recently blocked the DOL rule that increased H1B wages. I have a prospective employer that wants to file an H1B transfer for me, but they told me that when they tried to submit an LCA, it still was showing the old (higher) wages. Is that true?

Answer Yes, we are still waiting for the Department of Labor Office of Foreign Labor Certification (OFLC) to update the prevailing wage data. There is no word yet on when this will happen. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

03 Dec 2020

NewsFlash! Bill to End Employment-Based Per-Country Cap Inches Closer to Becoming Law

Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the...

25 Nov 2020

My employer and I just realized that my H1B expired last week. I previously read that the USCIS is giving an additional 60 days to respond to certain USCIS requests, like RFEs. Does that mean we get an extra 60 days to file my H1B extension?

Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...

20 Nov 2020

December 2020 Visa Bulletin

The U.S. Department of State (DOS) has released the December 2020 Visa Bulletin. Much of the movement is fairly modest, but the most dramatic change is significant retrogression for EB3 India in the dates for filing chart, commonly referred to as Chart B. Visa Bulletin Summary Employment-Based,...