04 May 2023

With all the news about fraudulent / duplicate H1B registrations submitted this year, does this mean there will be a second H1B lottery?

Answer We likely will not know for sure about a second lottery until July, at the earliest. But, given that there appears to have been a significant number of duplication registrations submitted, there definitely is reason to think a second lottery may be necessary. (03.May.2023)Sheela Murthy...

04 May 2023

I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year;...

04 May 2023

To do an EB5 investment, do I have to get money from outside the U.S., or am I allowed to use money I earned while in this country?

Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.2023)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 © 2023, MURTHY LAW FIRM. All...

28 Apr 2023

NewsFlash! USCIS Releases FY24 H1B Registration Numbers and Raises Concerns on Multiple Registrations

This morning, the U.S. Citizenship and Immigration Services (USCIS) released data relating to the FY24 H1B registration lottery in an eMail to stakeholders and on its H1B Electronic Registration Process website. While the USCIS announced on March 27, 2023, that enough initial registrations were submitted...

27 Apr 2023

I am interested in applying for a green card through the EB1(a) category. I feel I have good experience and evidence, but I also have several things in the pipeline that could make my case much stronger in a year or so. If I apply now and the I-140 is denied, am I allowed to reapply later?

Answer The EB1(a) category is reserved for foreign nationals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This tends to be a very high bar. If the USCIS denies your petition, this would not prevent you from refiling later. The USCIS...

27 Apr 2023

Prior to passage of the new EB5 law, I filed an I-526 petition based on my investment in a regional center that is located in a rural area. In the monthly visa bulletin, which EB5 category applies to my case?

Answer Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4) Infrastructure...

27 Apr 2023

I was planning to travel to the U.S. for a wedding. I applied for a B-1/B-2 visa, which was issued for 10 years. My plans have now changed, and I will not be traveling to the U.S. at this time. If I do not travel until next year, can I still use the same visa?

Answer Typically, as long as the B-1/B-2 visa has not expired, it can be used to request admission in B-1/B-2 status.  (27.Apr.2023)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...