We are excited to welcome Lorenz Wolffers to the Corstange Law Group as Of Counsel. [Read more…]
As detailed in yesterday’s post, this week DHS announced a plan to institute a pre-registration process for the annual H1B lottery. This means that instead of preparing a complete application prior to entering the lottery as required under the current process, employers would fill out a fairly basic online form and be electronically notified if they’ve been selected in the lottery. If selected, they would then prepare and submit a complete application within 60 days.
This is excellent news for employers and would greatly increase the efficiency of the process! However, we don’t know if it will actually be implemented by April 2019. This leaves expectant applicants with two competing risks to weigh: [Read more…]
The short answer is yes, but it should be used very carefully, and only for certain job categories.
The Department of Labor has assigned four different “wage levels” to various categories of jobs in order to give you an idea of what similar jobs typically pay at the entry-level and at more advanced levels. In 2017, USCIS suddenly began issuing an overwhelming number of RFEs implying that positions paid at wage level 1 could never qualify for an H1B. These RFEs claimed that wage level 1 jobs are only for “beginning-level” employees who need supervision, and could therefore not possibly require a specialized bachelor’s degree for entry as required for an H1B. [Read more…]
It depends. Generally, OPT holders have a 60-day grace period after their EAD expires. During this time, they can stay in the US, and they can file an application to change to another immigration status. If on the day your H1B application is filed you are: 1) still in the US, 2) still within your grace period, and 3) your employer requests a change of status for you (as opposed to consular processing), then you can likely stay in the US while your application is pending. If any of these three factors is absent, [Read more…]