New Year’s Reminders for Employers (Part 1 of 2)
This MurthyDotCom NewsBrief has been updated. Please find the latest information here....
This MurthyDotCom NewsBrief has been updated. Please find the latest information here....
MurthyDotCom regularly addresses common questions and misunderstandings about immigration law. Questions regarding H1B status and changing employers often arise that refer to "transferring" the H1B. This term is frequently used, even by some immigration attorneys. The H1B is not actually transferred from one employer to...
Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...
Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...
Moving from one employer to another in the best of circumstances can be stressful. For a foreign national who has an approved I-140, however, moving to a new employer - or even just a new position with the same company - can be absolutely nerve...
Answer Generally speaking, in the green card context, an applicant is charged against the country of birth, not the country of citizenship. Becoming a British citizen typically would have no impact on the green card process. (18.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the TN job ends, it likely will be necessary to stop working until the EAD is issued (or you get a TN petition approved through a new employer). (18.Dec.2019)Sheela Murthy...
Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...
From the time of this nation's birth, immigrants have crossed over to America's shores in pursuit of new lives built with hard work, determination, and ingenuity. Their immense contributions are part of the very fabric of this country. To highlight the incredible talent and diversity...