Many of our clients and readers may be aware that USCIS has an online status check system which allows applicants (and their attorneys and employers) to track the progress of a case and obtain case updates. In addition to allowing a single status case lookup, the system has an extremely helpful function which allows users [...]
Throughout the H-1B cap filing season (which opened back in April), we have been providing updates on the available H-1B cap numbers. Over the past few weeks, we have been also issuing alerts (on our website, via our newsletter and through our twitter and facebook pages) on the upcoming H-1B cap limit. Partially as a [...]
Our office handles a substantial number of H-1B work visa petitions for a variety of U.S. employers and we often share our direct experiences with the H-1B work visa program. This article is intended to share our experience with H-1B work visa petitions where there is a change of the job location once the H-1B [...]
Our office receives a number of inquiries from current and prospective clients, employers and individuals, as to whether an H-1B worker who is beneficiary of a pending H-1B transfer petition can be readmitted into the U.S. based on the valid H-1B visa stamp and the pending H-1B transfer petition. Reported Incidents of Refused H-1B Admissions [...]
It may seem like an April Fools Day joke at first sight, but apparently it is not. The Texas Service Center has been issuing and emailing premium processing receipt and approval notices for I-140 cases filed as far back as April 2010. Example of I-140 Email Notice The emails (delivered on April 1, 2011) look [...]
After the recent earthquakes and tsunami in Japan, our office is receiving a number of inquiries by Japanese nationals regarding relief options and alternatives in various U.S. immigration situations. USCIS has also indicated that they would provide relief in a number of situations understanding that a disaster may affect the ability of an individual to [...]
USCIS has just announced that petitioners will not be required to complete Part 6 of Form I-129 containing the export controls/ITAR questions until February 20, 2011. In a response to stakeholder inquiries and concerns of proper implementation, USCIS has agreed to the delay in implementation in order to give petitioners time to establish the [...]
Along with the USCIS filing fee increase which went into effect on November 23, 2010, USCIS has revamped the guidelines, criteria and application process for filing fee waivers. While granting a waiver is still in USCIS's sole discretion, the process and qualifications are now more transparent. Which Forms are Eligible for a Fee Waiver? A [...]
We have written extensively in the past regarding the January 8, 2010 Neufeld Memo which introduced guidance requiring H-1B applications to show proof of employer-employee relationship between the H-1B petitioner and beneficiary. The Neufeld Memo has affected mostly staffing and consulting companies where the H-1B beneficiaries are employed at third-party worksites. USCIS Sued to Prevent [...]
In addition to the numerous inquiries on filing a new I-140 when a previous I-140 is pending on appeal, our office handles a number of such new I-140 filings. Pursuant to USCIS guidance, a previously approved labor certification which was timely used to file an I-140 can, in many circumstances, be subsequently used to file [...]