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25 Apr 2024

Murthy Success Story: NIW Approval for Expert in Public Safety Technology

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning,...

05:39 / EB2 National Interest Waiver / Employment Based / For Individuals / NewsBrief / Resident / Success Story
24 Apr 2024

I own a company in the U.S. and one in India. In India, there is someone who has worked for the Indian entity as a contractor for a couple of years, developing a proprietary tool for us. Is it possible for him to now work for the U.S. company in L1B status?

Answer One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.2024)Sheela Murthy...

13:20 / FAQs / For Employers / For Individuals / Worker
24 Apr 2024

My H1B registration was selected in the lottery. I have two different job offers. If Company A and Company B both file change-of-status petitions for me, when do I have to choose which company I am going to join?

Answer Assuming that both petitions are approved with start dates of October 1st, you technically could wait until that date to join either Employer A or B. (24.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

13:18 / FAQs / For Individuals / Worker
24 Apr 2024

An RFE was issued on my H1B petition. Can my employer upgrade my case to premium processing when they respond to my RFE?

Answer Yes, it generally is possible to upgrade to premium processing at any time while an H1B petition is pending. (24.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright ©...

13:15 / FAQs / For Employers / For Individuals / Worker
18 Apr 2024

I am in H1B status with a pending I-485 application. I just received my EAD card based on my pending I-485. Do need to switch my work authorization to my EAD?

Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...

07:21 / Employment Based / FAQs / For Individuals / H1B / Resident / Worker
15 Apr 2024

Consolidation of B-1/B-2 Interview Waiver Appointments in New Delhi

Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the...

16:27 / Consulates / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Visitor
10 Apr 2024

I am working for a consulting firm on OPT. They told me that my case was not selected in the lottery. Is there any way for me to check online on my own to verify that they actually filed the registration for me?

Answer No, only the employer and/or the attorney representing the employer can directly check to see if the registration was submitted on your behalf. You could try filing a Freedom of Information Act (FOIA) request with the USCIS to ask for documents related to any H1B...

17:16 / FAQs / For Individuals / Student / Worker