Imagine living in a different country for 10 years, buying a house and a car, having kids and then losing your job only to be told that you have 60 days to get your affairs in order and leave? But this would never happen, right? Wrong, this has been a reality for a lot of…
Category Archives: H-1B Specialty Occupation & H-4 Dependent visas
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Can Two Companies File My H-1B In The Upcoming Lottery?
With the FY2024 electronic registration approaching employers and their potential candidates are getting ready to submit their entries into the H-1B lottery. However, with only 85,000 visas available and given that last year saw almost half a million registrations people are wondering how they can improve their chances of being selected. I often get asked…
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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…
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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…
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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…
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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…
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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…
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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…
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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…