...When I contacted my DSO at the end of my study for a new I-20 with a recommendation for optional practical training (OPT), my DSO told me that I was out of status and ineligible for OPT authorization. I enrolled in a doctorate program of...
H1B workers are a pillar of America's high-tech economy, heavily relied on to bridge the gap between the short supply and high demand for top-flight technical talent. As we have noted in previous posts, the H1B program nonetheless has its critics, who labor under the...
A U.S. federal district court recently ruled on a case involving an issue that is a vital component of every H1B petition. The H1B classification is only appropriate for positions that qualify as "specialty occupations." In the case at hand, CareMax Inc. v. Eric Holder,...
On May 12, 2014, the U.S. Department of Homeland Security (DHS) published a proposed regulatory change in the Federal Register, which would make certain H-4 dependent spouses eligible to apply for employment authorization. This proposal is now subject to a sixty-day public comment period, after which...
Legal scholarship and day-to-day law practice are two sides of the same coin. Murthy Law Firm (MLF) attorneys pay close attention to both sides of that coin, a holistic view that sets them apart. They handle difficult cases with skill and creativity, borne of their...
Answer The USCIS expects an employer to obtain a new LCA and amend the H1B petition anytime a consulting-type employee is relocated to a new project. (12.May.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer Travel with a COS pending abandons the request to change status. The H1B petition could still be approved, but only for consular processing. If the COS is approved before travel, a person could come back before October 1 and automatically change status on October 1....
Answer The EAD typically provides unrestricted employment authorization. So, a person with an EAD can work in any job or own any business. If one is the primary beneficiary of a GC case, s/he needs to continue to have a job offer (and, preferably, a job)...
Answer A person on H1B is only allowed to work for the H1B employer in the job set out in the H1B petition. It is possible to have more than one H1B at the same time (concurrently) in order to hold more than one job -...
By now, the story is all too depressingly familiar: comprehensive immigration reform has been stuck in legislative limbo for months, and virtually nothing has happened on the House side since the Senate passed its CIR bill at the end of June 2013. It's like the...
