13
Oct
2023
USCIS Makes Address Updates Easier
To update your address with USCIS, you can now do so without any hassle by using Enterprise Change of Address (E-COA) self-service tool available through an individual online portal....
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12
Oct
2023
My L1A petition was recently approved. My employer is not filing my EB1(c) petition, based on the same foreign managerial position and the same U.S. managerial position. Does the L1A approval mean it is very likely the EB1(c) will be approved?
Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...
12
Oct
2023
Can a company hire me as a 1099 contractor while I am on H1B?
Answer Ordinarily, no. A person in H1B status may not be employed as a 1099 contractor. (12.Oct.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....
12
Oct
2023
My friend and I are both in H1B status and are thinking of investing in a hotel together. We then want to use that investment to apply for green cards through the EB5 category. Is that possible?
Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
11
Oct
2023
Canadian Physicians and U.S. Immigration Policies
Any foreign national who wishes to practice medicine in the United States must take into account certain immigration considerations. For Canadian citizens, however, there are a number of unique issues that tend to arise. Canadian Physicians Do Not Need to Obtain ECFMG A physician who graduates from...
09
Oct
2023
E-2 Nonimmigrants Help to Create Jobs for U.S. Workers
Assisted by the Murthy Law Firm, a treaty investor in Pakistan recently had an E-2 visa approved based on a fairly modest investment in a U.S. consulting firm. Another American dream come true while benefiting U.S. workers and the U.S. economy!...
06
Oct
2023
STEM OPT Challenge’s Final Fail
U.S. Supreme Court has refused to hear Appeal of lower court’s refusal to declare STEM OPT program unlawful. F-1 students with STEM degrees continue to be eligible for 2-yr practical training extension after standard 1-yr of OPT....
05
Oct
2023
I just filed my H-4 and H-4 EAD extensions together. Both my I-94 and EAD are about to expire. Am I now allowed to work for 240 days based on the pending extension applications?
Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...
05
Oct
2023
After my project ended last month, my employer did not have another project lined up for me, so I was laid off. That same employer now has a new project available for me. If the employer files an H1B amendment for me before the end of my grace period, can I immediately resume working for them on the new project?
Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
05
Oct
2023
After being laid off, I filed an application to change status to B-1. I recently received an RFE asking for evidence that I have the financial means to support myself. I have about $40,000 in my savings account. Is that sufficient? Is there a set dollar figure required?
Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...