USCIS has recently announced that a new Form I-539 will be available on March 11th. This is the form used to apply for an extension of status for H-4 and L-2, and to change status to these and other classifications. The major changes with the new for…
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By Samantha Davis, Richmond, VA Immigration Lawyer If you feel like your case has been pending for longer than anticipated, you are not alone. Members of the immigration law community have noticed longer and longer case processing times. Their observ…
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The 2019 H-1B cap deadline of April 1 is fast approaching. If you are an employee or an employer interested in filing an H-1B petition for the upcoming H-1B lottery, there are several key things to keep in mind: What does it mean to sponsor an H-1B?…
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In August 2018, USCIS implemented a new policy memo regarding the accrual of unlawful presence for F, J, and M nonimmigrants. Before we delve into what this means, let’s take a look at the difference between out of status and unlawful presence. Bot…
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By Samantha Davis, Richmond VA Immigration Lawyer On December 3rd, 2018, USCIS announced a proposed rule that could significantly change the H-1B cap program. The proposed rule includes two major changes to the current H-1B cap lottery program. Creat…
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By Samantha Davis, Immigration Lawyer, Richmond VA On Monday November 19, 2018 the Department of Labor introduced an updated Form 9035, or Labor Condition Application (LCA). Before an employer files an H-1B, they must have an LCA certified by the Dep…
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Each month a representative from the American Immigration Lawyers Association meets with Charlie Oppenheim, the man behind the visa bulletin curtain, to get a sense of how the priority dates may advance (or not!) in the coming months. In October̵…
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Attention all employees and employers who filed an H-1B petition under the H-1B cap in April! The H-1B cap gap provisions in the regulation allow an H-1B candidate to keep working even after their OPT has expired, assuming an H-1B petition requesting…
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The question of when a person can submit the I-485 to apply for a green card is one of the trickier aspects of U.S. immigration law to understand. Since October 2015, the Department of State has published two charts for the family-based categories, a…
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Today, USCIS announced that they are extending the H-1B premium processing program for H-1B cap cases until at least 2/19/2019, and that they are extending the H-1B premium processing suspension for certain other types of H-1B petitions. What does th…
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