Search Result for "H1B" — 771 articles

Teleconference: H1B RFE Issues & Trends for 2015-2016

The August 5, 2015 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, OPT, control, and specialty occupation issues as well as practical tips for preparing a strong response to a request for [...]

Can an H1B worker continue to work past the “Admit Until Date” on the I-94, if the H1B visa stamp is valid beyond the I-94 date?

Answer No, the visa “stamp” is an entry document, only. The I-94 determines status. If a person wants to work beyond the H1B I-94 date, a petition to extend status typically must have been filed by the employer prior to expiration of the I-94. (29.Jun.2015) In frequent sessions of our Chat, Sheela Murthy and other [...]

My employer is filing an H1B amendment, but I don’t have paystubs from the past couple of months. Will this be a problem?

Answer In order to obtain approval of an amended H1B petition with an I-94 reflecting continued / extended status, it is necessary to show that one is in valid status at the time the amendment is filed. For H1Bs, this proof normally would include paystubs. H1B employers must pay employees the required wage. Assuming you [...]

USCIS Returning H1B Cap Petitions Not Selected in Lottery

On June 12, 2015, the Murthy Law Firm received the first few packages containing H1B filings returned as not having been selected in the fiscal year 2016 (FY16) random H1B lottery. Almost a month has elapsed since the firm last received any new H1B receipt notices for cases selected in the lottery. Individuals who are [...]

I have been working on OPT and my employer filed my H1B petition. Unfortunately, it did not get picked in the lottery for processing this year. …

… My OPT will end on July 25th. I am not eligible for a 17-month extension based on a STEM degree. What options do I have to remain in the U.S.? Answer You will have 60 days of the grace period after July 25th, during which you will remain in F-1 status. If you decide [...]

Do I need to go for an H1B visa stamping again if I currently have a valid H1B visa stamped in my passport, but my employer recently amended my petition due to relocation?

Answer The H1B visa “stamp” in the passport is valid through to its expiration. It is not company specific. It is not specific to a particular petition filed with one’s employer, even though it has the name of the employer on the visa. So, no, it is not necessary to reapply for a visa stamp [...]

If I switch from H1B to F-1 and then back to H1B, do I have to go through the H1B lottery again?

Answer If the first H1B in this example is cap-subject and the full 6-years of H1B time have not yet been used, the answer generally would be no. As a general rule, people only need to be counted against the cap once. (22.Jun.2015) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys [...]

Travel After Change-of-Status Approval with Future Start Date

In 2004, the USCIS confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification has been useful for over a decade as many employers have filed H1B petitions reflecting [...]

Murthy Law Firm Attorneys Speak at 2015 AILA National Conference

Thousands of lawyers focusing on U.S. immigration law are joined by senior federal government officials and attorneys working for nonprofit organizations serving immigrant communities across the country, converge each year for the AILA Annual Immigration Law Conference. Several attorneys from the Murthy Law Firm will participate in the conference this year, as in prior years. [...]

H1B Suspension of Premium Processing Clarified

As previously explained, the U.S. Citizenship and Immigration Services (USCIS) has temporarily suspended premium processing for certain H1B petitions, from May 26 through July 26, 2015. In announcing the suspension of this service, the USCIS noted that this would only apply to cases “…requesting an extension of the stay for an H1B nonimmigrant.” While this may [...]

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