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...
Employment-Based Immigration
Jan182023
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...
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...
Jan182023
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...
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...
USCIS has released a new version of Form I-485, which must be used from December 23, 2022. This form can be found at: https://www.uscis.gov/sites/default/files/document/forms/i-485.pdf This form is intended for preview only and should not be submitted prior to December 23, 2022. This form becomes mandatory on the aforementioned date which means that the current version...
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...
I came to the U.S. in 2007, over 15 years ago. I knew before I even came that I wanted to stay indefinitely. My wife was initially sponsored for a J-1 and then quickly switched to an O-1, with myself trailing in the shadows. My wife was and still is a talented fashion designer. She...