NEWS
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 [...]
K-3 Petitions Being Transferred as Part of Bi Specialization
Beginning October 23, 2006, U.S. Citizenship and Immigration Services (USCIS) National Benefits Center (NBC) began transferring Form I-129F, Petition for Alien Fiance(e), (petitions for K-3-spouses of U.S. citizens only), to the California Service Center (CSC) and the Vermont Service Center [...]
Notice of Effective Date for Implementation of Five-Year Professor and Research Scholar Exchange Program
The Department of State (DOS) issued a notice that beginning November 4, 2006, current and future professor and researcher Exchange Visitor program participants will be eligible for five years of program participation, as provided for in the final rule [...]
DOS Issues 5-Year J Professor/Research Scholar Rule
The Department of State has issued changes to the J visa program with regard to professors and research scholars. The changes are scheduled to take effect as of November 3, 2006. However, since the Federal Register Notice has not been [...]
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 [...]
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 [...]