Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A USCIS policy memo provides final guidance on when a petitioner is required to file an amended or new H-1B petition following the Administrative Appeals Office (AAO) precedent decision in Matter of Simeio Solutions, LLC. The memo includes information on how to become compliant with Simeio, and USCIS states that it will consider filings for changes in the place of employment that occurred on or before the Simeio decision to be timely during a safe harbor period, which runs until January 16, 2015.
Filed under: Immigration Attorney | Tagged: #amend h-1b, amend h1b, h1b, USCIS | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A USCIS policy memo provides final guidance on when a petitioner is required to file an amended or new H-1B petition following the Administrative Appeals Office (AAO) precedent decision in Matter of Simeio Solutions, LLC. The memo includes information on how to become compliant with Simeio, and USCIS states that it will consider filings for changes in the place of employment that occurred on or before the Simeio decision to be timely during a safe harbor period, which runs until January 16, 2015.
H-1B Cap season updates
H-1B approval
H-1B attorney
H-1B speciality worker
Filed under: H-1B | Tagged: #amend h-1b, amend h1b, H-1B, H-1B attorney, h-1b cap, h-1b immigration attorney, h-1b immigrationmmigration attorney, H-1B Lawyer, H-1B Specialty Visa, H-1B Visa, H-1B Visa Attorney, H-1B visa lawyer, H-1B Visa Petition, H-1B's, h1b, USCIS | Leave a comment »
Posted on August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that, starting today, it will resume accepting Form I-907, Request for Premium Processing Service (with an edition date of January 29, 2015), for all H-1B extension of stay petitions. Premium processing for H-1B extensions had been suspended since May 26, 2015, so that USCIS could implement the final rule providing employment authorization for certain H-4 spouses in a timely manner. USCIS clarified that it will accept an I-907 premium processing request on any H-1B extension petition, including pending petitions filed during the premium processing moratorium. If an I-907 was filed and/or received by USCIS prior to July 13, 2015, it will be rejected.
Filed under: Immigration Attorney | Tagged: H-1B, h1b, premium processing | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO 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.
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Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO 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.
Amended H-1B petition
H-1B petitions
Deadline for H-1B
USCIS provides FY 2022 H-1B Cap Season Updates
Filed under: H-1B | Tagged: amended h-1b petition, H-1, H-1B, H-1B attorney, h-1b cap, H-1B Cap for FY2011, h-1b cap-gap, h-1b immigration attorney, h-1b immigrationmmigration attorney, H-1B Lawyer, H-1B Specialty Visa, H-1B Visa, H-1B Visa Attorney, H-1B visa lawyer, H-1B Visa Petition, H-1B's, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
Filed under: Immigration Attorney | Tagged: H-1B, H-4, h-4 work authorization, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
H-4 status
H-4 applicant
H-4 work authorization
Law Offices of Brian D. Lerner
Filed under: H-4 Applicant | Tagged: H-1B, H-4, H-4 applicant, h-4 work authorization, h1b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS provided guidance on the proper action to take if H-1B cap-subject filings for FY2016 are mishandled by delivery services. USCIS advised that it will reject any petitions received after the cap is met, including second H-1B petitions filed because of a delivery service mishandling. AILA reminds members who elect to file a second H-1B cap-subject petition in accordance with this guidance that the first petition will be withdrawn even if it is ultimately selected in the lottery. The second petition is completely separate and does not “replace” the first petition.
Filed under: Immigration Attorney | Tagged: cap, H-1B, h-1b cap, h1b, mishandling h-1b | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A USCIS News Release reminds the public that USCIS will begin accepting FY2016 H-1B petitions on April 1, 2015. USCIS projects that it will receive more petitions than the H-1B cap and reminds the public that if USCIS receives a number of petitions in excess of the cap in the first five days, all petitions will be subject to a random selection lottery. USCIS will reject all unselected cap-subject petitions, as well as any petitions received after the cap is met.
Filed under: Immigration Attorney | Tagged: deadline for h-1b, H-1B, h1b, specialty occupation work visa | Leave a comment »
Posted on February 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 