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USCIS Issued Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

By Yingfei Zhou, Esq. On July 21, 2015, USCIS issued the final guidance on when an employer must file an amended or new petition when the H-1B employee has changed or is changing his or her job location. Except the situations listed below, the general requirement is that an employer…

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DHS POLICY MEMORANDUM: Guidance on When to File an Amended or New H-1B Petition

We would like to inform our readers that on July 21, 2015 the Department of Homeland Security issued a policy memorandum which provides guidance to employers and H-1B applicants regarding when to file an amended or new H-1B petition following the case law, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542…

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URGENT NOTICE: Mandatory return of 3-year DACA EADs by July 27, 2015

On July 15, 2015 USCIS announced that it mistakenly issued approximately 2,100 employment authorization cards to DACA recipients that were printed with a three-year validity period instead of a two-year period, following a court injunction prohibiting USCIS from doing so. To correct the error, USCIS sent these recipients a notice…

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SCOTUS: Marriage Equality Declared the Law of the Land

By now you may have heard that on the morning of June 26, the Supreme Court of the United States ruled in a landmark 5-4 decision (Obergefell v Hodges) that same-sex couples have a constitutional right to marriage, a right that cannot be denied by the laws of any state.…

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Technological Issues with Passport and Visa Issuance Systems Resolved for US Consulates Worldwide

The Department of State has issued an alert announcing that as of June 26, 2015 all visa issuing US embassies and consulates are now able to continue visa processing. Staff at US consulates and embassies were able to work over the weekend and resolve backlogs which are expected to be…

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AILA: Open Forum Updates

Presently, attorneys Jacob Sapochnick, Esq., Ekaterina Powell, Esq., and Yingfei Zhou, Esq. from our office are in attendance at the 2015 American Immigration Lawyers Association (AILA) Conference on Immigration Law taking place in Washington, DC. Together, they have had the privilege of being present for an open forum where officials…

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Temporary Suspension of Premium Processing for Extension of Stay H-1B Petitions

On Friday, May 22, 2015 USCIS announced that it would be temporarily suspending premium processing for all H-1B Extension of Stay Petitions beginning May 26, 2015 to July 27, 2015 due to the high volume of anticipated applications for employment authorization under the H-4 final rule. During this time period,…

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What is happening with DACA/DAPA?

On November 20, 2014 President Barack Obama announced a series of executive actions on immigration designed to repair our country’s broken immigration system. Among its provisions, the executive actions on immigration outline plans to: strengthen border security, expand I-601A provisional waiver eligibility, modernize visa backlogs, expand eligibility for parole in…

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USCIS Requires Employers to File for H-1B Amendment When H-1B Employees Change Worksite Locations and Sets August 19 Deadline for Pre-May 21 Relocations  

USCIS released guidance on May 22, 2015 to clarify Administrative Appeal Office (AAO)’s precedent decision on April 9, 2015 on Matter of Simeio Solutions, LLC that all employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in…

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Announcing the New E-book ‘My American Job’ by Jacob J Sapochnick, Esq.

After more than 10 years of practicing immigration law the Law Offices of Jacob J. Sapochnick is excited to announce the release of attorney Jacob Sapochnick’s new e-book called ‘My American Job’ now available on Amazon for purchase. An immigrant himself, attorney Jacob Sapochnick first came to the United States…