Search Result for "H1B" — 575 articles

Teleconference: Recent Trends in RFEs for H1Bs

The September 3, 20014 teleconference in our monthly series for employers and their representatives focuses on recent trends in requests for evidence for H1B petitions. Attorneys from the Murthy Law Firm discuss maintenance of status, control, and specialty occupation issues as well as practical tips for preparing a strong response to a request for evidence. [...]

Can an H1B approved in this year’s cap be transferred before October 1st to another employer so I can join them directly?

Answer It is potentially possible to get a second H1B approval without joining the first employer that filed under the cap. But, for various procedural reasons, we normally do not file these cases before October 1st. If there is need for a change in employer, it is best to schedule a consultation  with an attorney to [...]

Do I need labor certification before getting an H1B? Or, is the labor certification needed only to convert the H1B into a green card?

Answer The H1B requires a labor condition application (LCA). This is not the same as a PERM labor certification (LC). The PERM LC is required for the green card. The H1B LCA takes about seven business days for the U.S. Department of Labor (DOL) to process. The PERM LC for a green card takes months [...]

I have received my H1B extension approval notice with the old I-94 number. Is that ok? It has the correct start and end dates.

Answer Yes, the extensions often do contain the same I-94 number as the earlier approvals. As long as the start and end dates are correct, it is generally fine. (14.Jul.2014) 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 [...]

PNAE Study Shows Opportunity Costs of H1B Denials

Digital technology permeates every aspect of our lives, from the cars we drive to the cell phones we carry, even to the appliances in our kitchens and laundry rooms. Any company that wants to compete in this IT-intensive world needs to hire the smartest, most tech-savvy people it can find. Increasingly, this means participating in [...]

Rupert Murdoch, Sheldon Adelson Call For Immigration Reform

Herewith, a dispatch from the “who’d have thought?” department of the MurthyBlog: as regular readers will have noted in recent months, support for immigration reform has been getting ever more bipartisan; it’s no longer just the Democrats who are behind it. Senator Lindsey Graham (R-SC) and other Republican Senators have begun to push for immigration [...]

I’ve graduated from Stratford University and currently I’m in OPT extension. I’m applying for H1B this year and I wanted your suggestion: should I apply through the master’s quota or regular quota?

Answer If an individual has a master’s degree from an accredited, not-for-profit U.S. university, that information is included with the H1B petition, and the case can be filed against the advanced-degree (or “master’s”) cap. However, it is important to verify that the master’s degree is from an accredited not-for-profit U.S. university, or there is a [...]

I got my H1B stamping refused with 212(a)(1). Can I continue working from India? What are my options? The refusal was due to misunderstanding with a doctor in India submitting a negative report to the consulate.

Answer Your question, technically is not an immigration question. The USCIS only controls your ability to live and work in the U.S. If you are outside the U.S. then you do not fall under their authority. Your question is more of a tax and corporate policy question. The company should discuss that issue with their [...]

I am currently on non-cap H1B. I am starting a new job on a new H1B through lottery on October 1st. Am I now required leave the country and the get the visa stamped to start working?

Answer No, it is not necessary to leave the U.S. and get “stamped” simply because one is changing from H1B cap-exempt to H1B cap-subject. As long as valid status has been maintained and the cap-subject H1B has an I-94, there should not be a need to go outside of the country. (30.Jun.2014) In frequent sessions [...]

My PERM was filed on 23.Sep.2013 and has gone into audit. My H1B expires in Oct 2015. Can I change jobs during this time?

Answer It would be best to have a consultation to go over the details; but it potentially would be possible to change jobs. If there is proof of the PERM filing, the new employer could request the rest of the six years of H1B time, plus one more year (based on the pending PERM case). [...]

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