Search Result for "H1B" — 961 articles

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, [...]

Meet the Murthy Law Firm: Kevin Andrews

The dedicated team of attorneys, paralegals, and support staff at the Murthy Law Firm is integral to our success. Day after day, they help to fulfill the dreams of our clients through their integrity, diligence, and commitment to excellence. To familiarize our readers with the dozens of individuals who come together to make our firm [...]

Students Should Not Travel During Cap-Gap Period

The term “cap gap” refers to the period of time between April 1st and October 1st each year when many F-1 students experience a gap from the end of their optional practical training (OPT) employment authorization to the start date of their H1B employment. This gap is created because of the annual limit, or cap, [...]

Is it possible to utilize the unused time on my H1B after 8 years? I left my H1B position in 2007 and now want to return without going through the lottery again.

Answer This is a very technical issue, with the USCIS interpretations evolving. The answer is: maybe. It generally can be attempted, with the likelihood of success depending upon a number of factors. (27.Jun.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For [...]

I am on H1B and I plan to move to H-4 EAD. If I want to then go back to H1B in the future, would that be possible?

Answer Changing to H-4 EAD does not make a person subject to the H1B cap. Assuming the individual still has H1B time remaining (or is eligible to extend beyond the standard 6-year max, based on a pending LC or an approved I-140), it generally is possible to return to H1B status without having to worry [...]

I am in H-4 status and have an EAD. If my H1B spouse loses his job, how long can I continue to use the H-4 EAD?

Answer Ordinarily, the H-4 spouse falls out of status following the last day of the H1B beneficiary’s position. If there is an H1B job termination without notice, the status termination is also immediate. This is the risk of being in H-4 – both husband and wife are depending upon one job to maintain lawful status. [...]

I am working on H1B for Company A. Company B filed an H1B transfer for me. After it is approved, could I keep working for Company A and then move to Company B six months later?

Answer It would be possible to keep working for Company A, as H1B cases are not “transferred” from one employer to the other. It would be possible to move to B later, as long as the petition has not been revoked; but that is not usually a good idea for Company B, and it could [...]

New Program in Boston Aims to Recruit H1B Entrepreneurs

As detailed in the MurthyBlog, NYC Attracting Foreign National Entrepreneurs with Groundbreaking New H1B Program (02.Mar.2016), New York City has spearheaded an innovative program to allow a select few foreign national entrepreneurs to be sponsored for cap-exempt H1B positions. Earlier this month, Babson College, a private, not-for-profit business college located near Boston, Massachusetts, announced that it [...]

How far in advance can one apply for an H1B extension? How about H-4 EAD?

Answer The H1B extension can be filed six months in advance of the requested start date. The H-4 filing can accompany the H1B. (20.Jun.2016) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs [...]

I will be laid off by my H1B employer in 30 days, who then will notify USCIS of the lay off in 60 days. How can I keep my H1B valid if I don’t find a job before I am laid off? Will my H1B be valid until the USCIS is notified? Can I change status to B-1 or F-1?

Answer The status ends with the last day of the job. In order to change status, one generally needs to be in status at the time of filing. Options depend in part on how long it will take to find a job, etc. I recommend you schedule a consultation with one of our attorneys to discuss [...]

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