Search Result for "H1B" — 849 articles

Self-Petitioned, Employment-Based Options

Can I file a green card for myself? The Murthy Law Firm regularly receives inquiries like this from foreign nationals wondering whether it is possible to self-sponsor to become a lawful permanent resident (“green card” holder). While most of the employment-based categories require a U.S. employer to sponsor the foreign national, there are a few [...]

I was just laid off. Will I be out of status even though the company is running payroll and has not informed the USCIS?

Answer Generally speaking, the H1B status ends when the job ends. If the employer has terminated the employment; that is the end of the status. While the employer is supposed to notify, failure to do so doesn’t preserve status. (23.Nov.2015) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that [...]

My H1B status expires next month, and I just filed my I-485. Can I stay in the U.S. based on the pending I-485, or do I need to extend my H1B status?

Answer An individual who has a properly filed I-485 may remain in the U.S. based upon that filing. This is considered a “period of authorized stay.” There is no requirement that the H1B status be extended, but it is often advisable to do so to provide a back-up option in case any problems arise with [...]

H1B “Remainder” Approvals, Even After Long Absence from U.S.

The Murthy Law Firm has received many inquiries from those seeking advice on returning to the United States in H1B status after having used only a portion of the six years of H1B status generally allowed. In a typical scenario, the individual obtains the H1B petition approval and, thereafter, holds that status for a few [...]

I initially entered the U.S. in F-2 dependent status. Because my spouse changed his F-1 to H1B, I also filed an application to change from F-2 to H-4 dependent status. …

… This application was approved in August for the start date of October 1. However, because I enrolled in a degree program, I also filed an application for change of status to F-1. The F-1 application was approved in September with an immediate effect. Now, that is past October 1, and I have both of [...]

NewsFlash! Proposed Rule Related to AC21 Sent to OMB, Few Details Available

On November 19, 2015, the U.S. Department of Homeland Security (DHS) submitted a proposed rule, entitled “Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-B Alien Workers,” to the Office of Management and Budget (OMB). No specifics are provided regarding the contents of the proposed rule, but the general description [...]

Is the Tech Industry its Own Worst Enemy on Immigration Reform?

One of the enduring ideals of our nation is the concept of the American dream – the belief that anyone, regardless of social class and circumstances of birth, with little more than raw talent and a strong work ethic, can create a life of prosperity here. Immigrants historically have looked to the United States as [...]

I have an approved I-140 and have been in H1B status for 9 years. If I move to a new employer, can my H1B be extended another 3 years or just 1 year?

Answer If the priority date (PD) is not current for the I-140, then it is possible to extend for another 3 years with any employer. If the PD is current, then the extension would typically be limited to 1-year increments. (16.Nov.2015) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance [...]

Can I change to a new employer while my spouse’s change-of-status application from H1B to H-4 is pending?

Answer Generally speaking, a job change on H1B is possible when the H-4 COS is pending. The H-4 is spouse specific, not specific to the H1B worker’s job. However, if s/he is also applying for an EAD, your spouse may encounter problems in the job change situation if the EAD is based on an approved [...]

Can I travel abroad while my I-485 is pending before I receive my AP document?

Answer People are allowed to travel on H1B, H-4, L-1, or L-2 (as well as advance parole) without disrupting the pending I-485. If any other status is held, travel should wait for the AP. (16.Nov.2015) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real [...]

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