Litwin & Smith, A Law Corporation
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February 2017 Archives

USCIS Is Reissuing Receipt Notices to EAD Renewal Applicants

On January 17, 2017, USCIS began automatically extending expiring EADs for up to 180 days for renewal applicants in these categories. However, some of the receipt notices that USCIS sent out before that date did not contain the applicant's EAD eligibility category. Therefore, the reissued receipt notices will contain:

H1B denied for DUI

H1B employee went for stamping. Had a single driving under the influence (DUI) also known a driving while intoxicated (DWI). The visa was denied and required a physician report to determine if the employee was inadmissible. While a first time DUI offense should not require a physician report, they may. As the far below email attest, even a single DUI can be a reason for initial denial of the visa (H1B in this case). We advised our emailer to obtain an expungement of the DUI record.

H1B Cap Petition Filed By Multiple Employers Ok. May H1B Cap petition for the same beneficiary be filed by two different companies? The two companies have common ownership, but different EIN.

My employer told me that he has two entities. One entity he owns 100%. Another smaller entity he owns some shares of it. The two entities have different EINs. The smaller one has been dormant until last year. The smaller entity started to pay salaries in last year. Under this situation, can I file H1B visa applications with these two entities? If I do file with these two entities, will these two applications have higher risk of being checked and denied?

Temporary Restraining Order Blocking US Travel Ban - TRO Still in Place - BREAKING NEWS

The US Ninth Circuit Court of Appeals refused to grant the US federal government's request for an emergency stay of the lower district court's nationwide temporary restraining order (TRO). Translation: the travel ban still is blocked nationwide.

February 1, 2017 U.S. Customs and Border Protection Information About the January 27, 2017 Executive Order

The U.S. Customs and Border Protection provides information about the January 27, 2017 executive order, "Protecting the Nation from Foreign Terrorist Entry into the United States," on its website with an FAQ that offers some information about the Executive Order. Two of the FAQs are copied here as is a CBP summary of early actions taken.