Search Result for "H1B" — 582 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. [...]

What Immigration Fixes Might President Obama Do On His Own?

House Speaker John Boehner recently ended speculation about whether his chamber would consider companion legislation to the comprehensive immigration reform (CIR) bill that was passed by the Senate over a year ago. The answer: a flat “no,” kicking the can down the road until – presumably – sometime in the 114th Congress, when the GOP [...]

USCIS on Request for J-2 Spouses to Work after Conrad Waivers

In March 2014, the Citizenship and Immigration Services (CIS) Ombudsman recommended a U.S. Citizenship and Immigration Services (USCIS) policy change regarding the narrow interpretation of a provision in the law that impacts J-2 spouses of J-1 physicians. Under the USCIS interpretation of the law, these J-2 spouses are prevented from applying to change to nearly [...]

Does a denial of an H1B extension petition also invalidate the current petition?

Answer A currently approved H1B petition remains valid, even if an extension request is denied. There can be concerns depending upon the reasons for the denial, and any findings of status violations in the denial. But, otherwise, if it is simply a lack of evidence of ongoing H1B work and the like, it does not [...]

Brookings Study: STEM Jobs Really ARE Harder to Fill

A new study from a respected Washington think tank, the nonpartisan Brookings Institution, corroborates the longstanding claims of American high-tech industries: that positions requiring advanced skills in science, technology, engineering, and math – the STEM fields – actually are much harder to fill than non-STEM job vacancies. The study also documents the extent to which [...]

I am currently pursuing an MBA degree. Previously, I graduated with a master’s degree in information technology. …

… I have a pending H1B petition based on my IT degree for the start date of October 1st. If my petition is approved and my F-1 status changes to H1B on that date, can I still be attending school as I really want to complete my MBA? Answer The USCIS has not provided clear [...]

Ombudsman’s 2014 Report Addresses Concerns with USCIS

The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) 2014 Annual Report was submitted to Congress on June 27, 2014. The report details various deficiencies found within the U.S. Citizenship and Immigration Services (USCIS), according to the Ombudsman’s office, including problems with H1B and L-1 processing and the overuse of requests for evidence (RFEs). The report [...]

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 [...]

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