Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...
Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...
This afternoon, the U.S. Department of State (DOS) released the August 2024 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no change in the EB1 category....
Answer We will probably know within the next month or so. Last year, the USCIS announced near the end of July that a second round of selections would be coming, and then completed those selections by August 1st. (02.Jul.2024)Sheela Murthy and other senior attorneys provide guidance...
On June 6, 2024, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register that, if implemented, would alter when the 9-11 response and biometric entry-exit fee for H1B and L-1 visas (oftentimes referred to as the "public...
Answer Yes, it is possible for a company to meet the "doing business" requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such cases,...
The USCIS confirmed to the American Immigration Lawyers Association (AILA) that, because June 30, 2024 falls on a Sunday, cap-subject H1B petitions that are properly filed on Monday, July 1, 2024 will be considered timely filed. This only applies paper-based H1B filings; H1B petitions filed...
A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...
The Office of Foreign Labor Certification (OFLC), which is responsible for adjudicating PERM labor certification applications for the U.S. Department of Labor (DOL), has retracted the approvals issued on an unknown number of labor certifications. The OFLC claims these approvals were issued in error. Background on...
Answer In order to qualify for an H1B position, the minimum requirements generally must include at least a minimum of a bachelor's degree in a particular field. If a position will accept a bachelor's degree in any field, it normally will not qualify as an H1B...
