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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
23 Apr 2024

H1B Layoff? What Now?

Recently been laid off while in H1B status? Schedule a call with one of our attorneys to find out what your options are....

07:56 / HQ
22 Apr 2024

Are You Eligible for Cap-Gap?

Are you an F-1 student selected in the FY2025 H1B lottery? If you meet certain eligibility criteria upon fling of your H1B petition, you may qualify for cap-gap – i.e. extension of F-1 status and/or OPT employment authorization. Contact us to learn more!...

08:42 / HQ
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
18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:18 / Employment Based / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Resident / Worker