For Employers Archives - Murthy Law Firm

18 Mar 2026

My H-4 EAD renewal is still pending and my current EAD will expire soon. Because of processing delays, my work authorization may be interrupted, and I will need to stop working. Can I file a writ of mandamus lawsuit to force USCIS to adjudicate my H-4 EAD application?

Answer This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

18 Mar 2026

Our company is trying to determine the correct Standard Occupational Classification (SOC) code for an employee’s H1B petition. Do the employee’s own degree credentials factor into this analysis?

Answer Typically not, as occupational classifications are determined based on the job duties and other details of the position, independent of the particular employee’s credentials. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06:06 / FAQs / For Employers / For Individuals / Worker

16 Mar 2026

AAO Issues Landmark Precedent Decision on Fraud Findings After Petition Withdrawal

The U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) has issued a significant precedent decision, Matter of Texperts, Inc., 29 I&N Dec. 491 (AAO 2026), that will have lasting consequences for employers and foreign nationals facing fraud or misrepresentation allegations across a wide...

10:02 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Worker

10 Mar 2026

Do I need to offer my H1B employees the same employee benefits as other workers?

Answer Yes. H1B employees must be offered the same benefits as similarly employed workers. Employers cannot treat employees differently simply because they hold H1B status. (10.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

07:30 / FAQs / For Employers / For Individuals / H1B / Worker

10 Mar 2026

I have a pending I-485 application and recently changed employers. Do I need to file for AC21 job portability immediately?

Answer Individuals with a pending I-485 must remain eligible for adjustment of status while the application is pending. If the individual no longer has a job offer from the employer that initially sponsored the green card case, it is important to request AC21 job portability as...

07:26 / FAQs / For Employers / For Individuals / Worker

05 Mar 2026

New Form I-129 and What it Means for H1B Cap Registration

The U.S. Citizenship and Immigration Services (USCIS) has released an updated edition of Form I-129, dated 02/27/26, which will be the only accepted version beginning 01.Apr.2026. The new edition includes significant changes to the H Classification Supplement that employers and practitioners should understand, particularly as...

09:41 / Employment Based / For Employers / NewsBrief / Resident / USCIS News / Worker

04 Mar 2026

MurthyAudio: Consular Nonimmigrant Visa Issues

Issues that come up at the U.S. Consulate when obtaining a nonimmigrant visa are discussed by attorneys from the Murthy Law Firm and our affiliate, Murthy Immigration Services, Pvt. Ltd, Chennai, India, in this podcast.The MP3 is available here and soon can be found in...

17:57 / For Employers / For Individuals / MurthyAudio / NewsBrief / Worker

03 Mar 2026

Does the SOC code listed in the H1B lottery registration have to match the SOC code that ultimately will be used for the H1B cap petition?

Answer Yes, the SOC code on the petition should match what was listed in the registration. In limited situations, a different SOC code may be acceptable if it does not result in a lower wage level, but approval of the petition is not guaranteed. (03.Mar.2026)Sheela Murthy...

08:16 / FAQs / For Employers / For Individuals / Worker

02 Mar 2026

E-3 “Specialty Occupation” Standard: How Close is it to H1B?

The E-3 category was created in 2005 as part of the REAL ID Act to allow Australian citizens to work in the United States in “specialty occupation” roles. The E-3 was designed using a framework that mirrors the H1B category but with important procedural differences....

07:45 / Consulates / For Employers / For Individuals / NewsBrief / USCIS News / Worker

24 Feb 2026

I am in H1B status working from a home office. My employer is moving me to a different client, but I will continue to work from home. Because there is no location change, is it true we do not need to file an H1B amendment. Is that correct?

Answer Depending on the circumstances, a change in project may require an H1B amendment. Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment...

15:49 / FAQs / For Employers / For Individuals / Worker

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