Search Result for "H1B" — 628 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 [...]

Newly Elected Indian Prime Minister Makes Promising First Visit to U.S.

For the United States to continue as a leader of technological innovations, the importance of being able to draw from India’s huge pool of talented software engineers eligible for H1B visas cannot be overstated. And, with a projected shortage of 1.5 million software engineers in the United States over the next ten years, our reliance [...]

My husband and I are both in H1B status. I have an approved I-140 and am waiting for my priority date to become current. Can my husband extend his H1B status beyond 6 years based on my approved I-140?

Answer The laws allowing for H1B extensions beyond the six-year limit are interpreted as requiring that the GC case be filed for the particular H1B worker (not their spouse). So, only the primary gets the benefit of the H1B extensions based upon the I-140 approval. (13.Oct.2014) In frequent sessions of our Chat, Sheela Murthy and [...]

I am on H1B, and I am currently being paid twice as much as the salary listed on the LCA. Does the employer need to get the LCA amended?

Answer The LCA wage is a minimum; the employer could pay more. However, the employer should look to see if the LCA is really correct as to the wage level, and possibly even the job category. If it was set at a level that was not correct (maybe 1 or 2 for a job that [...]

I applied for an H1B visa and was issued a 221(g). It has been almost 2 months and I have not received any update on my case. Can I reapply for a visa at a different consulate using the same H1B petition?

Answer The problem will not go away by applying elsewhere. The 221(g) refusal will show in the system, and has to be mentioned on the visa application anyway. I would suggest getting some input and assistance from Murthy Immigration Services, Pvt. Ltd., our affiliate in Chennai, Hyderabad, and Mumbai, to see if there is anything [...]

I have been enrolled in study in F-1 status working with CPT authorization. My employer filed an H1B petition asking that my F-1 status be changed to H1B starting October 1st. …

… The H1B petition was based on my previous degree in computer science. Unfortunately, the USCIS denied the change of status request saying that I violated my F-1 status because my employment did not meet the CPT requirements. My employer tells me that I am out of status and need to leave the U.S. However, [...]

I am in H1B status, valid through AUG 2016. I now need to leave the U.S. for family reasons. Is it ok if I keep the H1B as it is until AUG 2016 while I am away, or do I need to cancel the H1B?

Answer The individual does not have the ability to “keep” or “cancel” an H1B petition. H1B status is only held in the U.S., and the H1B petition is the employer’s petition. The time spent out of the U.S. doesn’t count toward the 6-year limit. So, the unused time is “banked” and can be used later [...]

My company is filing for my GC under EB2. My country of origin is India and my wife’s country of origin is the Philippines. I am the primary applicant on H1B and my wife is on H-4. Can I take the benefit of cross chargeability, as my wife is a Filipino and EB2 queue for Philippines is current?

Answer Yes, we have requested cross chargeability in such situations when filing the I-485. The I-485 for husband / wife have to be filed together in these cases, with a request for cross chargeability. This can cut years of waiting time for Indian nationals. (06.Oct.2014) In frequent sessions of our Chat, Sheela Murthy and other [...]

CBP Designates 14 POEs for Optimized Processing of First-Time Canadian TN & L Applicants

In September 2014, the U.S. Customs and Border Protection (CBP) designated fourteen ports of entry (POEs) for optimized processing of first-time Canadian applicants for admission in the TN or L-1 categories. While eligible applicants are not required to use these particular POEs, the CBP is encouraging them to do so, promising “a more efficient approach to [...]

Does changing the filing category and wage level between the initial H1B application and the H1B renewal ring alarm bells with the USCIS?

Answer It might set off alarm bells if the initial H1B was at level 1 and the person never moved up. It is normal for people to make changes over time in their roles and change to a higher wage level (based on more experience). (29.Sep.2014) In frequent sessions of our Chat, Sheela Murthy and [...]

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