16 May 2023

I recently entered the U.S. using my advance parole document. Can my wife now enter in H-4 status?

Answer Unless the principal spouse is in valid H1B status, the dependent spouse typically cannot enter in H-4 status. (16.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,...

11 May 2023

I have used more than 5 years of H1B time and was recently laid off. I do not have an approved I-140, but, before being laid off, my employer reached the recruitment stage of my PERM case. If I find a new employer, is there a way to use that to extend my H1B beyond 6 years?

Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

11 May 2023

I was transferred to the U.S. in L-1 status a few weeks ago and just learned that I am going to continue getting paid in India, rather than being paid in the U.S. I will, however, be receiving the salary indicated in my L-1 petition. Is this allowed, or is it required that the U.S. company pay my salary?

Answer Generally speaking, it is permissible for an L-1 worker to be paid by the foreign entity rather than the petitioning entity in the United States. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

11 May 2023

My employer is filing my H1B cap case using regular processing. The hope is that the case will be approved before the requested October 1, 2023, start date. If it takes longer than expected, is it possible to change the case to premium processing after filing?

Answer Ordinarily, yes, it is possible to "upgrade" an H1B petition to premium processing at any time. (11.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...

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...