Search Result for "H1B" — 738 articles

Teleconference: Optional Practical Training (OPT), 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 [...]

USCIS Expects to Answer FAQs Related to H-4 EAD Rule “Shortly”

Many questions have arisen regarding the new regulation that will allow certain H-4 spouses to apply for employment authorization documents (EADs). Some of these questions still do not have clear answers, even as the May 26, 2015 start date for H-4 EAD filings rapidly approaches. To that end, the U.S. Citizenship and Immigration Services (USCIS) [...]

Overview of L1B Policy Memo

On March 24, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued a long-awaited L1B draft guidance memorandum that outlines the elements of the L1B category and primarily focuses on a discussion of the “specialized knowledge” requirement. The L1B category has been plagued by very high denial rates and a lack of uniformity in adjudication [...]

Two H1B cap cases were filed on my behalf by different employers, and both were selected in the lottery. Do I need to have one of the petitions withdrawn?

Answer It is not mandatory to withdraw one of the petitions. The USCIS is supposed to track these matters so that cap numbers aren’t wasted, but it isn’t entirely clear that they really can do so. In any event, as long as the petitions are not by the same company and are otherwise separate job [...]

H1B Worker’s Ownership Interest in Petitioner Must Be Disclosed

Beginning May 1, 2015, stakeholders must begin using a revised version of the H classification supplement (form I-129), which specifically asks whether the beneficiary of the H1B petition has an ownership interest in the petitioning employer. This disclosure requirement is related to U.S. Citizenship and Immigration Services (USCIS) efforts to examine whether an employer-employee relationship [...]

Special Teleconference: USCIS Requires Amended H1B Petition When New LCA is Needed

This special teleconference by attorneys of the Murthy Law Firm is added to our series for employers and their representatives. Discussed is the impact of the recent USCIS decision, Matter of Simeio Solutions, LLC, which requires the filing of H1B amendments when there are geographic changes to H1B worker locations. After condoning the practice of [...]

Are multiple H1B transfers permitted?

Answer Yes, H1Bs are not actually transferred; so, a person can have multiple job changes based upon employer petitions. Or, there could be multiple H1B petition approvals, and the person just picks which job s/he wishes to take. Be careful with any contract signed with an employer, if there is a chance that you may [...]

After completing six years in H1B status and then remaining outside the U.S. for one year, am I eligible to apply for H1B status again without having to go through the lottery?

Answer If a person leaves the U.S. for one year, an employer may file an H1B petition for that individual, which would allow the 6-year H1B period to start anew. However, this type of case is cap-subject. In order to return in H1B status after completing 6 years without being subject again to the H1B [...]

Do I need to go to India if I want to change status from H1B to H-4 in order to apply for an EAD?

Answer The change can be done either by filing for change of status from within the United States, or by applying for an H-4 visa from abroad. The main difference is that, if the COS is filed in the U.S., the H1B status stays in place and work can continue with the H1B employer until [...]

H1B Amendment Required for Most Worksite Changes

On April 9, 2015, the Administrative Appeals Office (AAO) issued a precedent decision that is expected to prompt many H1B employers to change some long-held practices. The case, Matter of Simeio Solutions, LLC, addresses the issue of relocating an H1B worker to a worksite not listed in the H1B petition or labor condition application (LCA). The [...]

PreviousPage 1 of 74Next
Contact Us