22 Jun 2016

Murthy Overcomes RFEs for Students Transferring Upon Admission

The Murthy Law Firm has recently received approvals of optional practical training (OPT) requests for students who had transferred schools immediately after their initial F-1 entry to the United States. These students received requests for evidence (RFEs) questioning the propriety of changing schools soon after...

21 Jun 2016

New Program in Boston Aims to Recruit H1B Entrepreneurs

As detailed in the MurthyBlog, NYC Attracting Foreign National Entrepreneurs with Groundbreaking New H1B Program (02.Mar.2016), New York City has spearheaded an innovative program to allow a select few foreign national entrepreneurs to be sponsored for cap-exempt H1B positions. Earlier this month, Babson College, a private,...

20 Jun 2016

I will be laid off by my H1B employer in 30 days, who then will notify USCIS of the lay off in 60 days. How can I keep my H1B valid if I don’t find a job before I am laid off? Will my H1B be valid until the USCIS is notified? Can I change status to B-1 or F-1?

Answer The status ends with the last day of the job. In order to change status, one generally needs to be in status at the time of filing. Options depend in part on how long it will take to find a job, etc. I recommend you...

20 Jun 2016

My H1B was picked in the lottery, but got an RFE on the client letter. The employer responded, but the case was denied. Can we appeal, or can I reapply through a different employer without having to wait for next year’s lottery?

Answer If the case was improperly denied, there is an option to file a motion to reopen / reconsider or an appeal within 30 days of the denial. Unless the case is approved, though, one would typically need to reapply the following year through the lottery....

03 Dec 2013

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