Category Archives: H-1B Specialty Occupation & H-4 Dependent visas

  1. USCIS Agrees To Concurrently Adjudicate H-4, H-4 EADs And L-2s When Filed With I-129

    One of the biggest issues faced by spouses of H-1 and L-1 holders in the last few years was that USCIS stopped processing their applications even when filed with the principal application.  This resulted in much uncertainty and due to delays in processing cases many spouses were forced to stop working. Prior to the Trump…

  2. H-1B Amendments FAQ

    An H-1B is a non-immigrant visa that allows a foreign national to come to the U.S. and work on a temporary basis. Once approved for an H-1B the worker must work in accordance with the original terms and conditions as per the originally filed petition. If there is a material change to the original terms…

  3. H-1Bs: Benching And The 60 Day Grace Period

    An H-1B is a non-immigrant visa that allows a foreign national to come to the U.S. and work on a temporary basis. It’s one of the most commonly used visas for companies looking to hire talent from abroad. An H-1B can only be filed for someone who can demonstrate that they will work in a…

  4. An Introduction To H-1Bs FAQ

    Chris Prescott is Patel Law Group’s Senior Immigration Attorney and handles all Employment and Family-based Immigration matters including EB1, EB2 & EB3 filings, Labor Certification & PERM processing, I-140 & I-485 filings, EAD & Advance Parole, H1B petitions, amendments, transfers and extensions, L1A & L1B, K1 & K3 visas, I-130 & I-485 filings, removal of…

  5. USCIS Proposes A Hike In Fees To Reduce The Backlog

    On January 4, 2023, USCIS posted a notice of proposed rulemaking to adjust filing fees. Certain fees, particularly cases filed using form I-129 (H-1B, L-1A, L-1B, etc.) could potentially see significant hikes as well as EB-5. Here of a brief overview of some of the notable proposed fee increases: Immigration benefit Current fee Proposed fee…

  6. How To Take Advantage Of The 540-Day Automatic Extension For H-4 Holders

    When USCIS announced that H-4 holders would qualify for an automatic extension of their EAD, this was praised as a move in the right direction.  However, the caveat to this rule is that to qualify for an automatic extension an individual needs to have a valid I-94. The automatic extension was initially 180 days, but…

  7. H-1B / LCA Fact Sheet

  8. USCIS Expected To Use All Available Employment Based Green Cards This Fiscal Year

    Last year USCIS came under heavy criticism for failing to issue all available employment-based green cards.  Due to the pandemic, most Consulates were closed or operating at a reduced capacity which meant that unused family-based visas rolled over into the employment-based green cards.  This was great news. Typically, there are 140,000 employment-based green cards available…

  9. OFLC To Implement New SOC Codes and Publish New Wages On July 1, 2022

    The Office of Foreign Labor certification (OFLC) is set to implement the 2018 Standard Occupational Classification (SOC) codes on July 1, 2022. Any Labor condition applications (LCAs) submitted prior to July 1, 2022, will be adjudicated based on the 2010 SOC codes.  Any applications submitted after July 1, 2022, will be based on the new…

  10. Is An H-1B Amendment Really Required?

    So, you have been approved for an H-1B and without notice, the project you are working on suddenly comes to an end.  There is another project available, however, is it necessary for your employer to file an H-1B amendment before starting at the new location?  The answer is maybe. The regulations state that an H-1B…

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