Shay Taylor, Author at Murthy Law Firm | U.S Immigration Law

20 Apr 2023

My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...

20 Apr 2023

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

Answer The USCIS technically considers an H1B applicant counted against the numerical H1B cap if s/he is issued an H1B visa "stamp" from a U.S. consulate abroad. In general, a foreign national who has been counted against the H1B cap may work in H1B status for...

09:01 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker

20 Apr 2023

My employer is filing my H1B lottery case as a level 1 position. Does this increase the risk my case will be denied?

Answer There was a brief period under the Trump Administration when the USCIS took the position that certain wage level 1 positions may not qualify as H1B positions. For the past several years, however, this has not really been an issue. While there still may be...

08:54 / FAQs / For Employers / For Individuals / Worker

19 Apr 2023

Fee Increases for Certain Nonimmigrant Visas and Border Crossing Cards from 30.May.2023

The U.S. Department of State (DOS) recently published a final rule in the Federal Register to raise fees charged by U.S. consulates for many categories of nonimmigrant visas. The cost for border crossing cards for citizens of Mexico is also going up. These fee increases...

14:36 / Consulates / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Worker

17 Apr 2023

DOL Reviews PERM Denials Based on Answers to Question H.10-B

The U.S. Department of Labor (DOL) has agreed to review denials of ETA form 9089, application for permanent employment certification (PERM labor certification) based on question H.10-B, which asks employers to identify an acceptable alternate occupation in which applicants could gain prior qualifying experience. After...

08:10 / Employment Based / For Employers / NewsBrief / Resident

13 Apr 2023

May 2023 Visa Bulletin

This afternoon, the U.S. Department of State (DOS) released the May 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category,...

16:13 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin

13 Apr 2023

I am a pujari (Hindu priest) in India. A temple in the United States has agreed to sponsor me for an R-1 religious worker visa. The temple has never filed an R-1 petition, and was informed there is no way to expedite the case until the USCIS conducts a site visit. Is this correct?

Answer Historically, a religious organization filing an R-1 petition for the first time was not allowed to use premium processing until a site visit had been conducted. Based on a policy change from a few weeks ago, however, it appears the U.S. Citizenship and Immigration Services...

06:50 / FAQs / For Employers / For Individuals / Other Work Statuses / USCIS News / Worker

13 Apr 2023

What are the chances there will be a second H1B lottery this year?

Answer At this point, there is no way to know the odds of whether a second H1B lottery will be necessary. The earliest we can reasonably expect to hear from the USCIS about a possible second lottery is July.As a frame of reference, in 2021, the...

06:46 / FAQs / For Employers / For Individuals / USCIS News / Worker

13 Apr 2023

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.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...

06:41 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident

12 Apr 2023

Court Affirms DHS Power to Implement the H-4 EAD Rule

On March 28, 2023, the U. S. District Court for the District of Columbia held that the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) was lawfully promulgated. Save Jobs USA, an organization of U.S. workers had challenged the H-4...

14:13 / Employment Based / Family Based / For Families / NewsBrief / Nonimmigrant Family / Resident / Worker

Murthy Law Firm

My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Last year, my registration was selected in the lottery. The H1B petition was approved and I got my H1B visa stamp, but the project was then canceled and I never came to the U.S. Can an employer file an H1B for me now without going through the lottery?

My employer is filing my H1B lottery case as a level 1 position. Does this increase the risk my case will be denied?

Fee Increases for Certain Nonimmigrant Visas and Border Crossing Cards from 30.May.2023

DOL Reviews PERM Denials Based on Answers to Question H.10-B

May 2023 Visa Bulletin

I am a pujari (Hindu priest) in India. A temple in the United States has agreed to sponsor me for an R-1 religious worker visa. The temple has never filed an R-1 petition, and was informed there is no way to expedite the case until the USCIS conducts a site visit. Is this correct?

What are the chances there will be a second H1B lottery this year?

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Court Affirms DHS Power to Implement the H-4 EAD Rule

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