Employment Based (EB)

This category covers the employment based relates articles.

Can you transfer an H1B if your I-140 was revoked?

  • Posted on April 5, 2016
  • /Under H1B
This is a very popular question when H1B visa holders find themselves with revoked I-140 petitions.  The common scenario is as follows: Raj works for a company A, Company A has obtained an approved form I-140 based on an approved labor certification. Thanks to the approved I-140 Raj obtains another extra three years on his H1B bringing it to 9 years. Raj has reached 7th year of a 9 years extension and Raj decides to move to company B. Raj presently believes that since he has two more years on his H1B, he…Read More Breaking News

H1B Cap Timeline – FY 2017

March 3 2016 - Now that the H1B cap for the fiscal year 2017 is opened, many are calling and want to know about the timeline of the processing of the H1B Cap cases filed in 2016 for the year 2017. This is our projected timeline on the previous random selection situation (H1B lottery). This is what we are expecting based on the March 2016 press release from the USCIS and based on previous years of H1B cap processing: April 8th 2016 - last day, H1B cap cases will be accepted by USCIS…Read More Breaking News

Is USCIS abusing RFEs and NOIDs?

  • Posted on March 30, 2016
  • /Under H1B
  Recently we have noticed a surge in requests for evidence(RFE) and notice of intent to deny(NOID).  While the RFEs and NOIDs are normal tools adopted by the USCIS to look into cases which have insufficient information or for clarification, officers has the discretion to actually issue RFEs or NOIDs under 8 CFR 103.2(b)(8).  The rule also allows officers to issue denials without RFEs or NOIDs. However accordingly to a policy memorandum issued in June 3, 2013 (Requests for Evidence (Final)),"...an RFE is not to be issued when the evidence already submitted establishes…Read More Breaking News

H1B Cap News – FY 2017 Cap

March 28 2016 - Announcement from the American Immigration Lawyers Association (AILA), regarding H1B Cap for the Fiscal Year 2017. As confirmed by the message of AILA below, USCIS will accept H1B Cap cases for the first 5 business days which in this case will be falling on April 7th 2016. Note that this does not mean that you wait the last day to send your applications. We recommend mailing your cases earlier but not before April 1, 2016. See notice from AILA below: "USCIS confirmed to AILA that standard procedures will apply…Read More Breaking News

5 Tips how to answer an OPT/CPT RFE

  • Posted on March 25, 2016
  • /Under CPT
Recently we have handled many RFEs (Request for Evidence) cases on OPT (Optional Practical Training) , H1B and H4 EAD RFEs based on OPT or CPT (Curriculum Practical Training). The idea of those RFEs are to make sure that the students did not abuse OPTs or CPTs. The most common questions on those are based on the time of the candidates F1 student/OPT visas namely: Proving that the students have actually attended classes including proving their living within commuting distance of the schools; How much was being paid under OPT and CPT; Details…Read More Breaking News

Automatic Revalidation of I-94: For those who want Travel to Mexico, Canada and Adjacent islands

Applies H-1B / H-4, F1, OPT, and few other non-immigrant visa status individuals   Summer is coming and many are planning to travel for short vacations less than 30 days to Mexico, Canada or on short cruises. Usually a visa stamp on the passport is required to be able to travel abroad. However, there is an exception for H4, H1, F1 visas, OPT students and some other non-immigrant visa holders to travel without needing a visa stamp on their passport. This process is called the automatic revalidation (as per revalidation of I-94 status).…Read More Breaking News

Alert: Delays LCAs due to DOL I-Cert issues.

March 23 2016 - The American Immigration Lawyers Association (AILA) "has received reports from  members regarding intermittent iCERT outages and slowness, as well as delays at DOL in processing Labor Condition Application (LCA) FEIN verifications. AILA has alerted DOL to these concerns and will provide updates as they are received. In the meantime, some members have reported receiving an FEIN verification by the time the LCA is adjudicated, even where the system displays a warning to enter a "valid FEIN" when the LCA is submitted and no e-mail communication is received from DOL…Read More Breaking News

H1 Transfer converted from Consular Processing to Change/Extension of Status.

March 22 2016 - We are proud to announce that after a strategic approach, we have successfully reversed a partial denial on an H1B transfer to a change/extension of status. Facts: Client came to see us stating that his lawyer got him an H1B change of employment but unfortunately was unable to get him an extension of status because USCIS believed he fell out of status. While it is frequent to get such sort of approval, in this case because Client's lawyer mistakenly did not file the extension and his amendment in the…Read More Breaking News

Filing your EB permanent residence while you are abroad

Mar 22, 2016 — Many who are tired of waiting want to know if either they can file their permanent residence (EB category) while in India or can they wait in India while the I-140 is being processed? This video explains the possibilities of such a plan. We also have another video for F1 students to move directly to a permanent residence (greencard) please watch it here:https://www.youtube.com/watch?v=pLkWJQEjivk Both of the above follow the same concept of future employment. Make sure you have a lawyer who understands the concept of future employment before applying.Read More Breaking News

Visa Bulletin Predictions for May 2016

March 20 2016 - Since last months we have attempted to assess the visa bulletin and we have come up for some dates on the visa bulletin May 2016. We are hoping both EB2 and EB3 India will move although not to a great extent. Listen to the video and comment about your thoughts. The assessment is based on the I-485 inventory chart and also the previous visa bulletin. Nothing in this video guarantees that this will actually happen, however, it can somehow predict the changes we are expecting for May 2016 Visa…Read More Breaking News

Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability

Purpose This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISO) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar occupational classification” as another job. Specifically, this memorandum instructs ISOs on how to use the U.S. Department of Labor’s (DOL) Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant…Read More Breaking News

H-1B Fiscal Year (FY) 2017 Cap Season

WASHINGTON – On April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2017 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming. The congressionally mandated cap on H-1B visas for FY 2017 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. USCIS expects to receive more than 65,000 petitions during…Read More Breaking News

Passport Expiry and Extensions Issues.

Recently USCIS has been issuing extensions limited to the dates of the passport validity. Our video is placing an alert on this matter, hoping that people who are filing for their extensions of status on H1b, H4, Ead, F1 visas will make sure they have a good valid passport. This includes but are not limited to extension on H1B, extension on H4, extension on H4 EAD, extension on EADs, extensions on F1 visas and other non immigrant visas.Read More Breaking News