Search Result for "H1B" — 968 articles

Teleconference: H1B RFE Trends 2016-2017

This teleconference in our series focuses on recent trends in requests for evidence (RFEs) for H1B petitions after cap season. Attorneys from the Murthy Law Firm discuss issues related to CPT & OPT, right to control, specialty occupation, etc. and provide tips for preparing a strong RFE response. Employers and their representatives are invited to [...]

After Denial of PERM: Reconsideration, Appeal, or Re-File?

Originally published December 31, 2010, this MurthyDotCom NewsBrief has been updated for our readers. The PERM labor certification process is lengthy and complex. While many receive good news at the end of the process, some PERM decisions are not favorable. The Murthy Law Firm often receives inquiries from individuals and their employers following their receipt [...]

I signed an offer letter with my current H1B employer that includes a 2-year commitment. I am not happy with my work conditions and now wish to move to a different employer. Will USCIS deny a change of employer request because of the offer letter?

Answer Immigration law does not prevent people from making changes due to contracts, etc. The USCIS does not get involved with these matters. Immigration laws prohibit employers from penalizing H1B workers for making job changes. Check with an employment lawyer about the enforceability of the agreement. Otherwise, we can provide guidance with respect to H1B [...]

Employer B filed an H1B change of employer petition. I am remaining with Employer A while that petition is pending. Would it create a problem if Employer A files an H1B extension for me while the COE case is pending?

Answer No, this would not impact either petition. H1B petitions are generally separate, independent petitions. Both petitions could be approved or not; but, typically, one case would have no impact on the other. (18.Jul.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. [...]

USCIS Completes H1B Cap Petition Returns

The fiscal year 2017 (FY17) H1B cap season continues to wind down. The U.S. Citizenship and Immigration Services (USCIS) confirmed that the latest stage, the return of all H1B petitions that were not selected in the lottery, was completed on July 8, 2016. Given the time required for mail delivery, the USCIS believes that all [...]

Murthy Attorneys Succeed in Getting I-485 Denial Reversed, Green Card Issued

The Murthy Law Firm is pleased to report that we were recently successful in reversing a denial issued on an adjustment of status (form I-485) application, leading to our client being issued her long-awaited green card. The applicant faced significant challenges due to a problematic and complex status history. More specifically, the U.S. Citizenship and [...]

I have two H1B petitions approved: one for a full-time position and one for part-time, concurrent employment. Should I include both petitioner and petition numbers in the DS-160?

Answer The visa can only be granted for one petition. But, the other petition is supposed to be noted on the visa; the consular officer must be made aware that there is a second petition. (11.Jul.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in [...]

I have been working in F-1 status on OPT. I got married two weeks ago and my husband is in H1B status. His employer has sponsored him for a green card …

… and my husband is now ready to file his application for adjustment of status (I-485 form). If I file my I-485 as his derivative beneficiary, will it terminate my OPT authorization? Answer Generally, an F-1 student does not lose eligibility for F-1 benefits just because s/he has a pending I-485. While your I-485 is [...]

H1B Transition Issues: International Travel

It is the time of year when many former F-1 students are transitioning to H1B status. We at the Murthy Law Firm have some thoughts regarding travel considerations for F-1 students who need or want to go abroad while transitioning to H1B status. Many F-1 students wish to travel abroad to visit family and friends [...]

Degree Used for H1B May Not Be Sufficient for EB2 or EB3

One generally must possess a U.S. college degree or its equivalent in order to qualify for an H1B position. Similarly, a U.S. college degree or its foreign equivalent is typically the minimum level of education that can be required for an employment-based, second preference (EB2) position or an employment-based, third preference (EB3) professional position. Yet, [...]

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