Search Result for "H1B" — 703 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 [...]

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

The topic of our March 4, 2015 teleconference in this series, designed for employers and their representatives, addresses H1B “cap” cases. We at the Murthy Law Firm are already preparing H1B petitions for new workers to be filed in April 2015. In the teleconference, Murthy Law Firm attorneys discuss the annual quota system and requirements [...]

Murthy Law Firm’s Recommendations for Improvements to U.S. Immigration System

As previously reported to MurthyDotCom readers, the U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) issued a notice of request for information (RFI) in December 2014, seeking input from the public on ways to improve the nation’s immigration system. Accordingly, the Murthy Law Firm took this opportunity to push for changes [...]

Can I use an approved LC filed by my previous employer to extend my H1B beyond 6 years? I don’t know whether or not my previous employer revoked my LC.

Answer A PERM labor certification expires after 6 months if the I-140 is not filed. It is possible to extend the H1B with employer B based upon a qualifying GC case with employer A. But, the GC case must be “alive.” If the PERM is still pending, the extension is a potential option depending on [...]

Can I travel outside the U.S. while my H1B extension is pending? Or, can I file my H1B extension from India?

Answer It is possible to file to extend the H1B petition while outside of the U.S. It is also possible to leave while the H1B EOS is pending. The real issue is what will be needed in order to return to the U.S. If the current H1B is expired, it will be necessary to obtain [...]

What happens to my H-4 spouse’s EAD if I lose my job, switch employers, or simply take a break?

Answer A change of employer on H1B would not disrupt the H-4′s EAD, assuming everything was properly filed. The H-4 and the EAD are spouse-specific, not employer-specific. As long as the principal spouse maintains valid H1B status, the EAD should remain fine. On the other hand, if the H1B spouse is out of status, the [...]

Overview of the New H-4 EAD Rule

As reported in a 24.Feb.2015 NewsFlash on MurthyDotCom, the U.S. Department of Homeland Security (DHS) has finalized a regulatory change that will allow certain H-4 dependent spouses to apply for employment authorization documents (EADs). The new regulation will go into effect on May 26, 2015. The release of the final rule provides some clarity regarding a number [...]

The H-4 Right to Work: At Long Last!

Our work defines us and gives meaning to our lives. Some of us believe we are answering a calling that is greater than ourselves. Work is something most adults expect to do because it is a part of the accepted definition of being an adult. H-4 spouses have been denied this badge of honor – [...]

I have a pending I-485, and my EAD and AP applications are also pending. Is it safe to travel to India before approval of the AP?

Answer Unless you are planning to return to the U.S. in H1B or L-1 status while your I-485 is pending, you MUST wait for the advance parole to be APPROVED prior to departure. If you leave while the AP is pending, the USCIS can deem your I-485 application to be abandoned. (23.Feb.2015) In frequent sessions [...]

I am moving to a new employer while I am in my 5th year of H1B. What timeline does my new employer have to follow to keep my employment active after 6th year?

Answer Ideally, an employer should file a labor certification on your behalf at least 365 days prior to the expiration of your 6 full years of H1B status in the U.S. (including all recapture time). (23.Feb.2015) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in [...]

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