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

  1. USCIS Uncovers Fraud in H-1B Registration Process: Steps Taken to Ensure Fairness and Transparency

    USCIS recently confirmed the receipt of 780,884 registrations for FY 2024, marking an increase of about 62% from the previous year. This surge in registrations explains the low selection rates this year. This same agency also announced that it has verified the presence of collusion among technology companies who aim to improve the probability of…

  2. USCIS finally clarifies when response is due where due date falls on weekend or a Federal Holiday.

    Finally, some clarity from USCIS on a long standing issue. USCIS recently announced that they are updating the USCIS Policy Manual to address situations when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these situations, USCIS will consider a filing…

  3. USCIS To Extend Grace Period From 60 days To 180 days

    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…

  4. 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…

  5. 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…

  6. 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…

  7. 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…

  8. 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…

  9. 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…

  10. 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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