H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

Recording of Community Conference (Every Other Thursday), 2015, July 09

Immigration.com

Substantial transcription for video

Discussed: FAQ: Refiling I-140 using old PERM (after 180 days); 
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;

Recording of Community Conference (Every Other Thursday), 2015, June 25

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Substantial transcription for video

FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.

Recording of Community Conference Call (Every Other Thursday), 2015, June 15

Immigration.com

Immigration Law

Substantial transcription for video

Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.

B-1 In Lieu of H-1 Visa

The H-1 quota cuts down 50% or more applications each year.  Legally, employees of foreign companies or entities can try and obtain B-1 visa in lieu of H-1 visas as long as they fulfill the following criteria outlined by the US Department of State.

Each intended B-1 (in lieu of H-1) entrant must: 

1.    Hold the equivalent of a U.S. bachelor's degree

2.    Plan to perform H-1B-caliber work or training

USCIS Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:

Recording of Community Conference Call (Every Other Thursday) 2015, May 14

Immigration.com

Substantial transcription for video

FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.