3 Essential Steps When Termination of an H-1B Worker is Necessary

In the unfortunate circumstance when an employer must terminate an H-1B worker before the end of the validity period of the worker’s visa, failure to follow the correct procedure can be costly. Recently, a manufacturer and supplier of raw materials...

How to Deal With a Job Loss and New H-1B Approval

For most beneficiaries, once their cap-subject case has been approved for a change of status to H-1B on October 1st, they can take a sigh of relief and wait for that October 1st date to come without trepidation. However, for some, an unfortunate situation...

Downgrading your I-140: When one step back can be two steps forward

          Due to significant backlogging of employment-based visa priority dates, for certain individuals it may be of benefit to choose a lower-tiered employment-based visa category to expedite an individual’s ability to file for adjustment of status...

Options When Receiving an H-1B Employer-Employee Relationship Denial

            Below is an in-depth article regarding actions that can be taken when your company receives an employer-employee relationship denial. Reddy & Neumann, P.C.’s Counsel for Litigation Jonathan Wasden and Attorney Steven Brown have prepared...

B-1 in Lieu of H-1B Visa

The “B-1 in lieu of H-1B” is a lesser-known visa category that can be beneficial for many qualified foreign employees. Existing like a hybrid of the B-1 visa and H-1B visa, the “B-1 in lieu of H-1B” category allows a foreign company to send their employees...

What happens when an I-140 is withdrawn?

When an I-140 is withdrawn, the petitioning company generally avoids any liability they have would toward that I-140 petition, particularly as it relates to ability to pay the Labor Certification wage. Thus, once a company withdraws an I-140 petition--regardless...

Bill Eliminating Employment-Based Per Country Cap Up for Vote in Senate

As you may recall, the Fairness for High-Skilled Immigrants Act of 2019, H.R. 1044, passed the House on July 10, 2019.  According to the summary of this bill on Congress.gov, this bill increases the per-country cap on family-based immigrant visas from...

Important timing issues F-1 students should be aware of

When F-1 students finish their programs of study or post-completion practical training (OPT employment), they have a sixty-day grace period during which they can do the following: Apply and be accepted to a new academic program. Apply to change...

Interview Waiver/Dropbox Changes in India

The U.S. Visa Information Service for India (link: http://ustraveldocs.com/in/index.html?firstTime=No) recently changed their website regarding mandatory interview waiver scheduling, commonly referred to as the “dropbox” option. In an effort to reduce...

Suing USCIS for Short H-1B Approvals

Below is an article regarding actions that can be taken to combat short H-1B approvals. Reddy & Neumann, P.C.’s Counsel for Litigation Jonathan Wasden and Attorney Steven Brown have prepared a short video on this topic that can be found here: https://www.youtube.com/watch?v=yrFkMX0NJwM.  Introduction One...

FAQ's on Consular Processing

U.S. consulates are set up around the world to assist and protect U.S. citizens and facilitate trade and friendship between the people of the United States and foreign country. There are more than 20 nonimmigrant visa types for people traveling to...

H-4/H-4 EAD Litigation FAQ's

Am I eligible to join the H-4/EAD lawsuit? If you have filed an H-4 and H-4 EAD application that has been pending with USCIS for over 30 days, you are eligible to join the lawsuit. It is our argument that Congress’ intent was for USCIS to adjudicate...

EB-2 vs. EB-3: Foreign Degree Equivalencies

Most if not all prospective employment-based immigrants have a robust education and experience background. Often, that education was obtained from a university in a foreign country. However, owing to certain government regulations, in many instances...

Significant Changes Coming Soon to EB-5 Program

On July 24th, USCIS will publish a final rule in the Federal Register titled “EB-5 Immigrant Investor Program Modernization” which brings significant changes to the program since 1993. This final rule becomes effective November 21, 2019. The EB-5...

H-4/H-4 EAD LITIGATION BREAKING NEWS

The Reddy & Neumann, P.C. Litigation Team has confirmed that all plaintiffs in the Gudla, et al. v. USCIS, filed in the United States District Court for the District of Columbia on June 6, 2019, have received approvals of their H-4 and H-4 EAD...

The 240 Day Rule for Continued Work Authorization

Due to the long processing times and the lack of premium processing for most of last year, many diligent employers have been left concerned over how long their employees with pending petitions are authorized to continue working. In many cases, these...

What Happens If We Sue The Government?

With the ever-changing landscape of immigration, many employers may want to take the fight back to USCIS but have no idea how to pursue litigation or understand the effects litigation on their company. So naturally, the most common question we get...

Selected in the Quota Lottery? 3 Key Reminders

#1: Cap-gap is automatic. The cap-gap extension is automatic for students with a pending H-1B petition that requested a change of status. This is only granted if the student was on valid OPT or STEM OPT on the day the H-1B petition was filed and their...

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