09 Dec 2021

Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?

Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope is...

02 Dec 2021

My registration was selected in the third lottery. However, I am now working for a different company on OPT, and I do not wish to go back to my old employer. Can I stay on OPT? Will this have any negative impact on me if I apply for the lottery again next year with my current employer?

Answer Generally speaking, it is possible to remain on OPT rather than apply for a change to H1B with the previous employer. Typically, this would not have a negative impact on the individual. (02.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

02 Dec 2021

Employer A filed a registration for me, which was selected. I am currently working for Employer B. Would it be possible to work for both Employer A and Employer B at the same time?

Answer Yes, this may be possible. Employer A would need to file the cap-subject H1B petition and get it approved. Assuming it is approved, immigration law generally would permit Employer B to file an H1B petition requesting concurrent employment.  (02.Dec.2021)Sheela Murthy and other senior attorneys provide...

02 Dec 2021

The employer that submitted my H1B registration still has a job available for me, but it is only for about 20 hours per week. Is that allowed?

Answer Yes, it normally is possible to file an H1B petition requesting part-time employment. (02.Dec.2021)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 © 2021, MURTHY LAW FIRM. All Rights...

24 Nov 2021

Thanksgiving and the Notion of Hospitality

It has been nearly four centuries since, in 1621, the Pilgrims marked this as the time of year to give thanks. They rejoiced in the harvest and the promise of bounty in a new land where they sought religious freedom. At the first celebration, settlers...

24 Nov 2021

My I-94 and H-4 EAD are both going to expire next week. My H-4 and H-4 EAD extensions are both pending. I understand that I cannot work based on the pending EAD renewal. While waiting for the new EAD to be issued, do I have to resign from my position, or can I take an unpaid leave?

Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...