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Court Allows Pre-Authorized Regional Centers to Continue Operations and New Form I-526 Petitions to be Filed

Posted by Keshab Raj. Seadie | Jul 11, 2022 | 0 Comments

On June 24, 2022, the U.S. District Court for the Northern District of California ordered a nationwide preliminary injunction thus allowing RCs to immediately accept new investors as of the date of the decision. The judge ruled that USCIS may not deauthorize the previously valid RCs and those centers must be allowed to continue their operations in accordance with the RIA. Moreover, Form I-526 petitions from immigrants investing in RCs should resume processing.

FY 2023 H1B CAP Lottery Result is out

Posted by Keshab Raj. Seadie | Mar 28, 2022 | 0 Comments

The FY2023 H1B lottery result is out and will continue to come out until the end of March 2022. USCIS has published the 1st round of random lottery from the submitted petitions. The other rounds of H1B lottery Results will be updated by March 31st, 2022.

Common Issues with H1-B Request for Evidence (RFE) Notices

Posted by Keshab Raj. Seadie | Mar 18, 2022 | 0 Comments

If adequate initial evidence is not submitted with an H1-B petition or does not demonstrate eligibility, USCIS may deny the request for lack of proof or request that the evidence is provided within 12 weeks. A request for evidence will specify the evidence already provided and what is still required. There are several reasons why USCIS may issue an RFE.

The OPT Cap-Gap Extension and pending H-1B visa

Posted by Keshab Seadie | Jan 17, 2022 | 0 Comments

The OPT Cap-Gap Extension and pending H-1B visa  A Cap-Gap extension allows an eligible F-1 OPT or STEM OPT student to continue to work on an expired OPT card so long as it expires after April 1st and an H-1B visa lottery has been selected and a non-frivolous change of status from F-1 to H-1B ha...

How to do H-1B Visa Lottery Registration for 2022

Posted by Keshab Seadie | Jan 14, 2022 | 0 Comments

H-1B Registration Process 2022 The H-1B registration process requires employers to register each qualified cap subject H-1B visa beneficiary through a USCIS online portal before filing the actual petition with the USCIS. If the H-1B registration submissions exceed the statutory limits (which...

What is a DOL H-1B Audit? By Keshab Raj Seadie, Esq.

Posted by Keshab Seadie | Jan 13, 2022 | 0 Comments

What is a DOL H-1B Audit? An H-1B Audit is conducted by the Wage and Hour Division of the US Department of Labor (DOL) or United States Citizenship and Immigration Services (USCIS) to determine if an H-1B employer is in compliance with the existing H-1B laws and regulations. The Labor or H-1B A...

F-1 STEM OPT FDNS Site Visit

Posted by Keshab Seadie | Jan 13, 2022 | 0 Comments

STEM OPT SITE VISIT  WHAT DOES YOUR CLIENT NEED TO KNOW TO MAINTAIN STEM OPT COMPLIANCE?  In March 2016, the STEM final rule13 expanded STEM OPT to 24 months but along with expanding the maximum period, it also put into place certain compliance provisions including the right to conduct worksite...

Work from Home and H-1B Visa Lottery in the context of complying Labor Condition Application (LCA) Regulations for H-1B Employers 

Posted by Keshab Seadie | Jan 13, 2022 | 0 Comments

Work from Home and H-1B Visa Lottery in the context of complying Labor Condition Application (LCA) Regulations for H-1B Employers  If an H-1B employee is assigned to another worksite located within the same “area of intended employment” (within normal commuting distance/about 50 mile radius), th...

PROTOCOLS FOR FDNS SITE VIST

Posted by Keshab Seadie | Jan 13, 2022 | 0 Comments

PROTOCOLS FOR H-1B FDNS SITE VISIT  By Keshab Raj Seadie, Esq. Background  The FDNS Directorate (herein also referred as “unit”) is an office within USCIS that conducts unannounced inspections of employer worksites for companies that sponsor foreign workers. The purpose of these site visits i...

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