USCIS Guidance: Change in Work Location H-1B Amendments MUST Be Filed by August 19, 2015

May 22, 2015

On April 9, 2015, the Administrative Appeals Office (AAO) issued Matter of Simeio Solutions, LLC, a precedent decision holding that an employer MUST file an amended H-1B petition before an employee begins working at a location outside of the Metropolitan Statistical Area (MSA) specified in the initial petition.  Under the new rule, failure to file an amendment in this circumstance could result in the revocation of the H-1B petition. This is in stark contrast to the long-standing position… Read More

Guidelines Issued Ahead of Implementation of H-4 EAD Rule Granting Employment Authorization for Certain H-4 Dependent Spouses.

May 21, 2015

On May 20, 2015, mere days before the implementation date of the H-4 EAD Rule, USCIS issued guidelines and filing information giving hope to thousands of H-4 Dependent Spouses. The guidelines explain the eligibility requirements, application procedures, lists the type of documentary evidence required for the filing, and provides form filing information. In addition to the logistical information provided, the information published also sheds light on some questions that have been asked since…

H-4 EAD Filing – Updates on Guidelines, Forms and Pending Injunction…

May 19, 2015

USCIS has stated that it will not publish guidelines and filing information for the H-4 EAD application process until the date the H-4 rule becomes effective, May 26, 2015. Here is an excerpt from the CIS website: "The Office of Management and Budget has reviewed the USCIS request for changes to the Form I-765 and its instructions (covered under OMB Control Number 1615-0040), resulting from the H-4 rule. We will update this Web page with guidance on filing Form I-765 on May 26, 2015, the date… Read More

ALERT: USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

May 19, 2015

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.  USCIS will continue to premium process H-1B Extension of Stay petitions filed with…

Adjustment of Status Interviews – Practical Pointers

May 11, 2015

An Adjustment of Status (I-485) interview can be a stressful and nerve-wracking experience. In employment-based I-485s one is usually summoned for an interview because of a status issue or possible criminal issue that was not disclosed earlier. However, it’s also an important opportunity to set the record straight and address any remaining obstacles to a Green Card and permanent residency. Though no two cases are the same, the right preparation can help you make the strongest case… Read More