Search Result for "H1B" — 620 articles

Teleconference: Optional Practical Training (OPR), Travel, and Transition to H1B

The third and final teleconference in our series designed for F-1 students, on May 12, 2015, addresses common issues and questions encountered by F-1 students at the end of their program of study. Students learn the requirements for OPT and receive helpful hints and advice on how to avoid certain problems with the OPT application and [...]

Does changing the filing category and wage level between the initial H1B application and the H1B renewal ring alarm bells with the USCIS?

Answer It might set off alarm bells if the initial H1B was at level 1 and the person never moved up. It is normal for people to make changes over time in their roles and change to a higher wage level (based on more experience). (29.Sep.2014) In frequent sessions of our Chat, Sheela Murthy and [...]

I have a general question about filing an EB1(b) I-140. Is it true that there is a higher level of scrutiny, and more chances of RFE, if you use premium processing?

Answer Not all I-140s can be premium processed. But, we do see sort of general, boilerplate RFEs in some PP cases. It is not so much a matter of higher scrutiny – it is just that the USCIS has time limits to hit, or else they have to refund the $1,225 fee. RFEs stop the [...]

My H1B got approved after I entered the U.S. in H-4. What is the next process to convert since my approved H1B doesn’t have an I-94?

Answer There are two ways to get into H1B status at this point. It is necessary to travel abroad and obtain an H1B visa at the consulate (and then get the I-94 at the port of entry;) OR to have the H1B petition refiled with a request to change status. (29.Sep.2014) In frequent sessions of [...]

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

On November 19, 2014, join Sheela Murthy and a panel of senior attorneys from the Murthy Law Firm who will discuss what employers need to understand when foreign national workers transition to H1B status from curricular practical training (CPT) or optional practical training (OPT) employment authorization. This 90-minute premium teleconference (60-minute discussion, followed by a [...]

NOIDs for “Virtually Identical” Cap-Subject H1B Petitions

The U.S. Citizenship and Immigration Services (USCIS) generally prohibits a company from filing multiple cap-subject H1B petitions for a single beneficiary in the same cap year. Related companies also face such restrictions, with some exceptions, but this aspect of the rule appears to have gone largely unenforced in previous years. However, for the fiscal year [...]

Is it safe to cancel an H1B transfer petition after an RFE is issued?

Answer It is ok to respond to an H1B RFE by asking to withdraw the case. Whether the individual beneficiary is “safe” in this situation depends upon that person’s current status and whether the individual started to work based upon the pending case. (22.Sep.2014) In frequent sessions of our Chat, Sheela Murthy and other senior [...]

I have a general question about filing an EB1(b) I-140. Is it true that there is a higher level of scrutiny, and more chance of an RFE, if you use premium processing?

Answer Not all I-140s can be premium processed. But, we do see sort of general, boilerplate RFEs in some PP cases. It is not so much a matter of higher scrutiny – it is just that the USCIS has time limits to hit, or else they have to refund the $1,225 fee. RFEs stop the [...]

If two employers filed H1B for the same person, and both are approved, can that person work for either employer?

Answer Yes, two H1B petitions could be approved for the same person through different employers. Both petitions would be valid and the person could just decide where s/he wanted to work. (22.Sep.2014) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details [...]

What if H1B Change of Status is Not Wanted After its Approval?

Changing status to H1B often involves a lengthy and somewhat unpredictable process. Because of the annual cap and uncertainties of lottery selection, many foreign nationals consider alternative processes as backup plans. As a result, there are a number of situations in which a foreign national may no longer wish to change status to H1B after [...]

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