A layoff can present significant challenges for any worker. But, for foreign nationals, a layoff can present an additional layer of difficulties. These FAQs are designed to provide general information regarding some of the more common issues that arise following layoffs for foreign nationals with...
Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.That being...
Answer That depends upon whether the second PERM is with the same company or not. If the second PERM is with a different company, there is no problem. Otherwise, companies are not supposed to file two PERMs and have them pending for the same person at...
Answer We typically advise that if a person in H-4 status without an EAD wishes to perform volunteer work, it should only be in a position that would normally be filled by a volunteer. (29.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
The October 2022 Visa Bulletin provided unwelcome news to many in the form of significant retrogression in several employment-based categories. Whenever there is retrogression – that is, a cutoff date that moves backwards in the monthly visa bulletin – it inevitably raises questions and concerns...
Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022)Sheela Murthy and other...
Answer The fact that the businesses are "family owned" would generally not be sufficient to qualify for L1A. With one company owned by you and the other company owned by your father, the USCIS would likely take the position that the businesses do not share common...
Answer Ordinarily, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. (or changes status) prior to utilizing the full 6 years of H1B...
This evening, the U.S. Department of State (DOS) released the October 2022 Visa Bulletin. This is the first visa bulletin for fiscal year 2023. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based,...
A formal declaration from a U.S. Citizenship and Immigration Services (USCIS) official in relation to a pending lawsuit has revealed some updated information and short-term predictions regarding the monthly visa bulletin. The declaration was signed on September 6, 2022 by Mr. Andrew Parker, who is...
