NEWS
H-1B
USCIS Removes Receipt Requirement for Certain H and L Adjustment Applicants Returning From a Trip Outside the United States
"This rule removes the requirement that certain H and L nonimmigrants returning to the United States following a trip abroad must present a receipt notice for their adjustment of status applications to avoid having such applications deemed abandoned. The purpose of this narrow change is to remove an unnecessary documentation requirement from the [...]
Significant Memo from USCIS Alters Meaning of Time Spent in H Status
In a significant development, the USCIS has ruled that time spent in H-4 or L-2 classification does not count against the maximum allowable period of stay in H-1B and L-1 status. USCIS Memo of Admission H_L This memorandum provides guidance in three areas regarding how adjudicators should determine periods of admissions for an [...]
Administrative Review Board (ARB) Discusses “Bona Fide Termination” of Employment
The ARB, in a Decision dated September 29, 2006 (AMTEL Group of Florida, Inc. v. Rungvichit Yongmahapakorn ARB, Case No. 04-087), held that the H-1B employer did not effect "bona fide termination" of employment when they failed to notify the USCIS promptly upon letting go of the H-1B worker. Until this is [...]
AC21 Guidance Amended Regarding I-140 Portability
USCIS Acting Director of Domestic Operations, Michael Aytes recently amended the 5/12/05 Aytes memo to clarify how I-140 portability is treated in an adjustment of status application. The only real change is to the Question 1 in Section 1. Click Here for Memo.