Though U.S. immigration officials have not quite rolled up the welcome mat for high-tech workers from overseas, in recent years, it's become progressively more difficult for certain types of nonimmigrant workers to get their visas approved. The USCIS has been taking a harder line in...
A portion of the U.S. Department of Labor (DOL) audit plan for PERM labor certification (LC) cases was recently released. The plan describes tiers of cases that are more likely to be subjected to audits, and also points out some of the potential triggers that...
The U.S. Citizenship and Immigration Services (USCIS) online system known as e-Request was recently updated and expanded. The e-Request system allows individuals and petitioning employers to submit inquiries on applications and petitions that have been filed with the USCIS. Purpose and Scope of e-Request As detailed in the...
Legal excellence is not the only thing that sets the Murthy Law Firm apart from other law firms; our attorneys and staff have a shared commitment to giving back to the community. A recent case in point: is our attorney, Pamela Genise, who generously gave...
Though the politics of immigration reform remain fraught with controversy, the economic reasons for pressing forward are as compelling as ever. As a recent study from the American Competitiveness Alliance (ACA) makes clear, immigration, innovation, and entrepreneurship are closely intertwined: "Immigration can contribute to economic...
The Murthy Law Firm reminds readers that the H1B cap-filing season for fiscal year (FY) 2015 is drawing near. The U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H1B petitions on Tuesday, April 1, 2014. Employers and individuals who have not made appropriate...
Answer: If a person applies for a change of status in the U.S. and it is denied, s/he generally would still keep the existing nonimmigrant status. This presumes that the person continues to qualify for, and comply with, the terms of the status that s/he is...
Answer: It is possible to ask for additional H1B time, based upon recapture, whenever one's employer (or new employer) files the H1B petition. The expiration date on the nonimmigrant visa would not be changed as part of the H1B petition filing. The foil (commonly, "stamp") is...
Answer: Individuals with properly filed I-485s are considered to be in a period of authorized stay in the U.S. Thus, there is no requirement to keep the nonimmigrant status. Moreover, in this example, there is a conflict between any claim to be a visitor and the...
Answer: The end client's refusal to give the letter makes the H1B case more difficult. We DO successfully file H1B cases for consultants using other proof of the end-client project - contracts, SOWs, purchase orders, etc. And, if there is enough other proof of what the...
