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20 Mar 2024 H1B Registration is Almost Over

Posted at 16:54hin HQ

Only a few hours away from the deadline to submit CAP H1B registrations! Murthy Law Firm has mastered the new registration process which included both employer and attorney online collaboration. We are excited to collaborate with our new and old clients!

20 Mar 2024 My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Posted at 14:25hin Employment Based, FAQs, For Employers, For Individuals, Resident, Worker

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM...

20 Mar 2024 I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Posted at 14:22hin FAQs, For Families, For Individuals, H-4 Dependents, Nonimmigrant Family, Travel, Worker

Answer Although it is permissible to request admission on B-2 to visit one’s H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission...

20 Mar 2024 A number of years ago, I worked for about 1 year in H1B status. I then worked in India for a couple of years and came back to the U.S. in L1B status. I now wish to move to a new employer, who is filing an H1B change-of-status petition for me. Can I begin working for them upon receipt?

Posted at 14:16hin FAQs, For Employers, For Individuals, Worker

Answer No. In order to begin working based on a change of status from L-1 to H1B, one must wait for the H1B petition to be approved. (20.Mar.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

13 Mar 2024 H1B Registration Update

Posted at 17:28hin HQ

We have received reports that signatures are missing on the PDF version of G-28 submitted with some cap registrations. USCIS is working to fix this glitch and will provide instructions for affected registrations already submitted.

13 Mar 2024 My employer says they submitted an H1B registration for me online, but they said they were not issued a receipt. Is this accurate?

Posted at 07:52hin FAQs, For Employers, For Individuals, Worker

Answer There is no receipt issued by the USCIS after an H1B registration is submitted. The closest thing to a receipt is an online confirmation message, which includes a registration number. But this is not the same thing as a traditional I-797 receipt notice. (13.Mar.2024)...

13 Mar 2024 If my registration is selected in the lottery, can I travel after the H1B petition is filed?

Posted at 07:48hin FAQs, For Employers, For Individuals, Travel, Worker

Answer If you are in the U.S. when the H1B petition is filed, the petition generally will be filed requesting a change of status. If you travel before the petition is approved, the status request will be abandoned, and the petition typically can be approved...

06 Mar 2024 I am on H1B and, when I joined my current employer, I agreed to provide 4-weeks’ notice if I was going to move to a new employer. I get a job offer that wants me to start in 2 weeks. If I do not give the full 4-weeks’ notice, would that be a violation of my H1B status?

Posted at 06:51hin FAQs, For Employers, For Individuals, H1B, Worker

Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter – not viewed as a...

06 Mar 2024 I have about 11 months of H1B time remaining before I max out. If I leave the U.S. for 1 year, and then return in H1B status, would I be eligible for another 6 years of H1B time?

Posted at 06:48hin FAQs, For Employers, For Individuals, H1B, Worker

Answer If you have H1B time remaining, it generally is possible for an employer to file an H1B petition on your behalf requesting the remaining period of H1B time. To be eligible for a new 6-year period of H1B time, however, one would have to...

28 Feb 2024 I am currently on H1B, with my I-94 valid through 2026, and my employer had advised me I am eligible to take 3 months of unpaid leave through the Family and Medical Leave Act (FMLA). If, at the end of my leave, I decide to change to H-4 status (or change employers), is that permissible?

Posted at 14:14hin FAQs, For Employers, For Individuals, Worker

Answer An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period,...

Murthy Law Firm

20 Mar 2024 H1B Registration is Almost Over

20 Mar 2024 My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

20 Mar 2024 I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

20 Mar 2024 A number of years ago, I worked for about 1 year in H1B status. I then worked in India for a couple of years and came back to the U.S. in L1B status. I now wish to move to a new employer, who is filing an H1B change-of-status petition for me. Can I begin working for them upon receipt?

13 Mar 2024 H1B Registration Update

13 Mar 2024 My employer says they submitted an H1B registration for me online, but they said they were not issued a receipt. Is this accurate?

13 Mar 2024 If my registration is selected in the lottery, can I travel after the H1B petition is filed?

06 Mar 2024 I am on H1B and, when I joined my current employer, I agreed to provide 4-weeks’ notice if I was going to move to a new employer. I get a job offer that wants me to start in 2 weeks. If I do not give the full 4-weeks’ notice, would that be a violation of my H1B status?

06 Mar 2024 I have about 11 months of H1B time remaining before I max out. If I leave the U.S. for 1 year, and then return in H1B status, would I be eligible for another 6 years of H1B time?

28 Feb 2024 I am currently on H1B, with my I-94 valid through 2026, and my employer had advised me I am eligible to take 3 months of unpaid leave through the Family and Medical Leave Act (FMLA). If, at the end of my leave, I decide to change to H-4 status (or change employers), is that permissible?

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