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,...

19 Nov 2020

My employer is filing my H1B extension, but because of the new DOL rule, the prevailing wage has jumped up by about $30,000! My employer is not able to pay this amount. Are there any other options?

Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

19 Nov 2020

After I was laid off from my H1B job a few months ago, I filed an application to change status to B-2. That application is still pending. A new employer wants to file an H1B for me. Can I start working upon filing?

Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...

12 Nov 2020

I am in India and my H1B petition was approved, but I have not yet been able to get my visa stamp. Can I start working for the U.S. employer while I am still in India?

Answer Even without an H1B approval, if a person is not physically in the United States, U.S. immigration law would not normally prevent that person from performing work for  a U.S. company.  (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

12 Nov 2020

Is premium processing now available for H-4 and H-4 EADs? If not, do we know when it will be made available?

Answer No, this service is not yet available. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. The same holds true for the other categories that should eventually be granted premium processing, including...