13
Nov
2023
Always Check Your I-94 Upon Admission!
The CBP will shorten your I-94 if your passport expires sooner. Don’t assume the end date – check it by logging into the CBP website!...
10:18 /
HQ
10
Nov
2023
Can You Lose a Priority Date?
Priority Dates are a lifeline to an immigrant waiting for a Green Card, but it can be lost. The law has four ways: fraud / misrepresentation, a Labor Certification’s revocation, USCIS/DOS invalidates the labor certification, or the USCIS decides petition approval was material error. Read...
09
Nov
2023
December 2023 Visa Bulletin
This afternoon, the U.S. Department of State (DOS) released the December 2023 Visa Bulletin. The last visa bulletin of the calendar year sees almost no movement from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A),...
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EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin
09
Nov
2023
I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?
Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...
09
Nov
2023
Is there a period of time that an H1B worker must wait before moving to a new employer?
Answer No, ordinarily, there is no required period an H1B worker must wait before moving to a new employer. (08.Nov.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,...
09
Nov
2023
I am currently on STEM OPT, and my H1B cap case was just approved through the same employer. While on STEM OPT, I was paid a lower wage than the prevailing H1B wage, but now that the H1B has been approved, I am being paid the correct amount. Will this be a problem in the future?
Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
09
Nov
2023
Ever Wonder if You’re a U.S. Citizen?
A child of a U.S. citizen living outside of the U.S. may qualify for derivative citizenship with a grandparent meeting physical-presence-in-U.S. requirement if a parent cannot. It all depends on when you were born....
08
Nov
2023
DOL Reports PERM Data
Did you know that the DOL processes 150,000 PERM cases each year with 68% STEM-related jobs? Murthy Law Firm does! Our attorneys & paralegals represent clients throughout STEM (& other!) fields....
07
Nov
2023
Beneficiaries Can Challenge Fraud Finding Due to Multiple H1B Registrations
With all the USCIS chatter about stopping H1B registration fraud, the Murthy Law Firm wants to remind you it is not H1B beneficiaries who file registrations or petitions. If you have a fraud finding because of a petitioner, you can fight that on your own...
06
Nov
2023
Biden EO Wants More Immigrants Working in AI
President Biden directs U.S. agencies to increase immigration opportunities for highly skilled foreign nationals with expertise in AI or other critical and emerging technologies....