Employment-Based Visa 60-Day Grace Period Overview
With the ongoing job loss affecting a big section of the workforce, it is worth noting that the regulations allow a discretionary grace period that allows workers in certain visa classifications plus any of their dependents, to be considered as having maintained status following the termination of their employment.
US Embassy in India Encourages Indian Nationals to Apply for H and L Visas
A twelve-day program from the U.S. Embassy in India is aimed at Indian nationals, promoting interested and qualified individuals to apply for an H-1B and L-1 visa.
H-1B Extension Beyond the Six-Year Period And Priority Date Retrogression
For those who have exhausted the six years allowed on H-1B, there are some options for extension under the AC-21 provisions. Eligibility depends on whether you are the beneficiary of an approved I-140 petition or have a PERM pending for longer than 365 days (under the lengthy adjudication exemption).
FY2023 H-1B Cap in Review: What We Learned in 2022 and Expectations Going Forward
As 2022 comes to an end, the majority of FY 2023 H-1B cap petitions have now received a final decision. The large majority of cases have already been adjudicated. See what we learned, and how to prepare for the next H-1B cap season.
Our Perspective: Options After Layoff or Termination of H-1B Employment
Current tech companies are cutting jobs and laying off big sections of their workforce. The layoffs are affecting U.S. citizens, green card holders, non-immigrant work visa holders, as well as “immigrant applicants,” whose employment-based green cards are currently underway. Understand your options to remain in compliance.
ACICS Accreditation Loss May Affect STEM OPT, H-1B, and I-140 Applicants
U.S. Citizenship and Immigration Services (USCIS) released the following statement on November 1, 2022. As the Accrediting Council for Independent Colleges and Schools (ACICS) is no longer recognized as an accrediting agency by the U.S. Department of Education, individuals in various programs may be affected, with the possibility of losing their status under various immigration programs.
H-1B FY2023 Insights: Important Considerations as October 1 Approaches
As we draw closer to October 1, the start date for H-1B FY 2023 cap petitions, there are several important considerations to bear in mind. First, if your petition is still pending and has not been adjudicated to a final decision, you may want to consider expediting the process. While it remains pending, it is important you are aware of work authorization and travel considerations that could affect your status. Next, if you requested a change of status and it was approved, that change of status will be automatic as of October 1, which means you must prepare accordingly. Finally, if there have been any changes to the terms and conditions of the H-1B when it was initially filed, you must make sure to notify USCIS by October 1, when those terms and conditions take effect. This entails filing an amendment, which must be filed and received by USCIS before you can work pursuant to those changes.
H-1B Cap FY2023 Insights: How to Leverage Current Trends for the Best Results
The H-1B lottery has now ended, as USCIS received sufficient petitions to reach the FY 2023 cap in the first round. For those that are selected, we present recommendations to maximize your options for a positive outcome and present the outcomes of a group of petitions that have been adjudicated including straight approval, RFEs, the basis of the RFEs, our success rate (100% so far), and more. Understanding what those H-1B petitions that have been selected may face in the coming months or year is key to preparing for success.
Our Perspective: Navigating Your Options Following an H-1B Non-Selection Notice
The H-1B lottery is now complete, as USCIS has announced it received sufficient petitions to reach the congressionally mandated 65,000 regular cap and 20,000 master’s cap for FY 2023. This is the first year the H-1B cap has been met with only one round of selections since the registration system was implemented in 2020. In the past, there have always been at least two rounds of selections, sometimes even three. This year, however, there will be no further rounds. Those not selected received an H-1B non-selection notice.
USCIS Announces FY2023 H-1B Cap Reached
U.S. Citizenship and Immigration Services (USCIS) announced sufficient petitions have been received to fill the FY2023 H-1B visa cap. Both the regular visa cap of 65,000 and the master’s cap of 20,000 are assumed to be filled with current filings.