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02 Sep 2021

My H1B was selected in the first lottery, and the petition was approved. During the second lottery, a registration filed for me by a different employer was selected. I would prefer to work for that employer. Can they file an H1B for me?

Answer Generally speaking, having an H1B cap case approved through one company would not prevent a second company with a selected registration from filing an H1B for the same individual.(02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:16 / FAQs / For Employers / For Individuals / Worker
26 Aug 2021

I am an Indian citizen and was working in the U.S. in H1B status. In 2019, I was hired by the parent company in Toronto, and I have been working in Canada for the past 18 months. I now wish to return to work for the U.S. subsidiary in H1B status. Do I need to first apply for an NIE? If so, can I do that from Canada, or do I have to go to India?

Answer There is no specific COVID-related travel ban for people who are in Canada, regardless of the person's country of citizenship. Travel via the U.S./Canada land border is mainly restricted to essential travel, but travel by air from Canada to the U.S. is being treated the...

09:13 / FAQs / For Individuals / Travel / Worker
26 Aug 2021

Several months ago, the consulate approved my NIE. I was told that, if I travel again, I would need to apply for a new NIE. However, I recently read that NIEs are being issued for 12 months. Does that rule change apply to me?

Answer Yes, if you were granted an NIE for the COVID travel ban, it should be valid for 12 months from the date of issuance, as long as it is being used for the purposes under which it was granted.  (26.Aug.2021)Sheela Murthy and other senior attorneys...

09:10 / FAQs / For Individuals / Travel
26 Aug 2021

USCIS Updates Policy on Children Born Using Assisted Reproductive Technology

The U.S. Citizenship and Immigration Services (USCIS) has revised its policy related to the definition of a parental relationship. The USCIS will now recognize a parent-child relationship for children born abroad using assisted reproductive technology (ART), as long as the child's parents were married at...

08:48 / Citizen / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
19 Aug 2021

I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?

Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with leaving...

07:16 / Employment Based / FAQs / For Individuals / Resident / Worker