Answer The answer to this question depends upon whether the second PERM is being filed by the same employer or a different employer. If it is a different employer, that is possible. Otherwise, the first PERM has to be withdrawn before filing again with the same...
Answer No, time spent in H-4 status, even with an EAD, is not counted against the H1B 6-year time limit. (16.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,...
Answer Many PERM audits are simply random audits. This is done just to verify that employers are actually complying with the PERM recruitment requirements. Then, there are audits because the job requirements exceed the DOL norm for that category. There are other issues that can increase...
The U.S. Citizenship and Immigration Services (USCIS) issued a news release today to remind stakeholders that the agency will begin accepting fiscal year 2016 (FY16) cap cases on April 1st. Most of the information in the news release is widely known within the immigration community, including...
Many inquiries regarding the projected timeline for fiscal year (FY) 2016 H1B cap case milestones continue to reach the Murthy Law Firm. While most applicants are aware that they can begin filing H1B cap-subject cases on the first business day in April each year, there...
The U.S. Department of State (DOS) released the April 2015 Visa Bulletin today. As predicted, the employment-based, second preference (EB2) category for people born in India and China continues to move forward. EB2 India moves ahead by eight months, to a September 1, 2007 cutoff date....
The Student and Exchange Visitor Program (SEVP) issued a message to all SEVP certified schools on January 29, 2015 entitled, Post-Secondary F-1 Student Employment Reminders. In its message, the SEVP reminds all designated school officials (DSOs) of requirements for F-1 employment authorization, including the need for...
Over the next five years, it is projected that one-in-three children living in the United States will be from immigrant families. As the fastest growing group of American youths, immigrant children and their respective families face unique economic, social, and educational challenges as they transition...
Answer It is permissible to continue to work in the H1B position until the change of status is approved (assuming the H1B status remains valid). The change of status within the U.S. could take around 3-4 months. If it is filed with a premium processed H1B...
Answer No, there are not provisions that allow employment based on a pending EAD receipt. It is necessary to obtain the EAD approval in order to have work authorization. There are some problems right now with EAD delays, so people should file 120 days in advance...
