Search Result for "H1B" — 891 articles

Teleconference: Employing F-1 Students – CPT/OPT & Transition to H1B

This teleconference provides an overview of the immigration regulations and policy guidance governing F-1 nonimmigrant status, as it pertains to employment, and transitioning to H1B status. These rules govern most common scenarios frequently encountered by companies employing F-1 students pursuant to Curricular Practical Training (CPT) and Optional Practical Training (OPT), as well as sponsoring F-1 [...]

Extensive H1B Processing Delays Due to Increased H1B Amendment Filings

The U.S. Citizenship and Immigration Services (USCIS) has acknowledged noticeable delays in processing H1B petitions. The American Immigration Lawyers Association (AILA) raised concerns over these delays in a call with USCIS Service Center Operations (SCOPS) on February 3, 2016. A prime cause of the delays appears to be the large number of H1B amendments being [...]

I am about to complete my full 6 years of H1B time. Can I change to F-1 status, get a master’s degree, and then apply for a new H1B under the quota?

Answer In order to become eligible for another six years of H1B time, a person must spend a year outside of the United States. It is not sufficient to simply spend a year (or more) in the U.S. in another status like F-1. (08.Feb.2016) In frequent sessions of our Chat, Sheela Murthy and other senior [...]

Can I return to the U.S. using my valid H1B visa stamp, even though I want to work using my H-4 EAD?

Answer If a person wishes to enter using an unexpired H1B visa, there must also be a valid H1B petition and a corresponding H1B job. The visa, even though unexpired, is only appropriate if one is properly eligible to enter as an H-1 – which means a valid petition and job that the person intends [...]

While working in H1B status, am I allowed to sell goods on hobby websites like Etsy?

Answer This is a tricky area. H1B workers can only work for the H1B employer. Passive investment is permitted (e.g., buying stock in a company). Other revenue generating activities can be considered unauthorized self-employment. For many such activities, the rules are not entirely clear as to what is or isn’t considered work under immigration law. [...]

H1B Cap Season Reminder: Multiple H1B Filings for Same Beneficiary

As the H1B cap season for fiscal year 2017 (FY17) draws near, more and more inquiries are coming into the Murthy Law Firm from employers and foreign nationals who want to know whether an individual may be the beneficiary of more than one H1B cap-subject petition during the same cap year. In many situations, such [...]

Teleconference: H1B Cap-Subject Petitions – Practical Tips for Approvals

In this teleconference, Murthy Law Firm attorneys discuss the upcoming H1B cap season, including issues related to transitioning from F-1 to H1B, USCIS quota and fee requirements, and matters important to IT companies with workers at third-party sites. Employers and their representatives are invited to participate in the February 3, 2016 teleconference. Find out how [...]

Proposed DHS Regulation Provides Additional Grace Periods

The rule proposed by the U.S. Department of Homeland Security (DHS) on December 30, 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, includes a number of different provisions. While parts of the proposed rule are disappointing, as explained in the MurthyDotCom NewsBrief I-140 EAD Proposal is [...]

If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved?

Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from the 1-year extensions after reaching the 6-year limit. (01.Feb.2016) [...]

After moving from H1B to H-4 status, how can I later return to H1B?

Answer In most situations, it is necessary for an employer to file an H1B petition. This filing would request a change of status from H-4 to H1B, and would be cap exempt (assuming the prior H1B was cap subject and that you still have H1B time remaining.) This could be filed by the old employer [...]

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