Answer In order to move from L-1 to H1B status, one normally would have to be counted against the H1B cap. Having an approved I-140 does not automatically make a person exempt from the general cap requirements. (20.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that...
While a visa applicant can be issued a 221(g) refusal for several reasons, it often signals that the consular officer requires more information before making a final determination about a visa application. At certain U.S. consulates, including those located in India, an applicant who was...
Regular readers of MurthyDotCom have likely come across the terms: lawful status, period of authorized stay, and unlawful presence. These related, yet distinct concepts can play a very important role in one's immigration matters. However, the differences can be subtle and complex. In many situations,...
Answer Generally speaking, once the principal spouse is no longer in valid L1A status, the dependent spouse is no longer considered to be in valid L2S status. Therefore, it normally would not be permissible to work in this situation. (13.Apr.2022)Sheela Murthy and other senior attorneys provide...
Answer The fact that both the H-4 extension and the H1B change of status are pending at the same time is not really an issue. But, given the lengthy processing times for H-4 extensions, it is entirely possible that the H-4 application will still be pending...
Answer Unfortunately, no, this is not permissible. The grace period is available for a maximum of 60 consecutive days. If Employer B's petition had been approved and you then resigned or were terminated, you likely would have been eligible for a new 60-day grace period based...
The U.S. Department of State (DOS) has released the May 2022 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries...
Typically, there are many hopeful foreign nationals who eagerly await the results of the annual H1B lottery. Because there normally are many more applicants than there are available visas, Murthy Law Firm attorneys discuss strategies for filing nonimmigrant visas when H-1 and L-1 are not...
Once again, the U.S. Citizenship and Immigration Services (USCIS) has extended the response time flexibility, initially announced on March 30, 2020, due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020, through...
Answer No, that is not correct. On its website, the USCIS "recommends" filing at least 45 days prior to one's I-94 expiration date. However, there is no rule requiring this. As long as the application is filed prior to the I-94 expiration date, one normally may...
