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16 Sep 2021

I have been working for Employer A on OPT, and my H1B was selected in the second lottery. The petition was approved with an October 1st start date. I am not getting along with my supervisor and would like to move a new employer. Can a company file an H1B change of employer for me on October 1st? Or, do I need to first wait for a few paystubs?

Answer With an approved change of status, the foreign national typically is considered to be counted against the cap on October 1st. Once a person has been counted against the H1B cap, a change of employer normally can be filed at any time. (16.Sep.2021)Sheela Murthy and...

07:01 / FAQs / For Employers / For Individuals / Worker
13 Sep 2021

NewsFlash! Use “Dates for Filing Chart” for Oct 2021 Visa Bulletin

The U.S. Citizenship and Immigration Services (USCIS) updated its adjustment-of-status filing charts webpage today, indicating that the more favorable dates for filing chart (i.e., Chart B) is to be used for virtually all family and employment-based categories in the October 2021 Visa Bulletin. The only...

17:05 / Employment Based / Family Based / For Employers / For Individuals / NewsBrief / Resident / Visa Bulletin / Worker
10 Sep 2021

MurthyAudio: Site Visits by ICE/FDNS

The latest trends and practical tips for when government agencies contact companies regarding compliance with H1B/L-1 petitions are discussed by Murthy Law Firm attorneys in this 01.Sep.2021 podcast.The MP3 is available here, and in the archive of our teleconferences and podcasts on iTunes. Copyright © 2021,...

11:07 / For Employers / MurthyAudio / Worker
02 Sep 2021

My H1B was selected in the first lottery, and the petition was approved. During the second lottery, a registration filed for me by a different employer was selected. I would prefer to work for that employer. Can they file an H1B for me?

Answer Generally speaking, having an H1B cap case approved through one company would not prevent a second company with a selected registration from filing an H1B for the same individual.(02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:16 / FAQs / For Employers / For Individuals / Worker
19 Aug 2021

I was in the U.S. in H1B status, but am now working from India. My H1B approval will expire in a few weeks, but I do not expect to return to the U.S. until around December. Does my employer need to file my H1B extension before the current one expires?

Answer No, if you are not in the U.S., the H1B extension does not need to be filed before the current one expires.  (19.Aug.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:12 / FAQs / For Employers / For Individuals / Worker
11 Aug 2021

My H1B petition was approved through September 30, 2022. However, I have been stuck in India since the start of the pandemic. Is there a limit on how long I can work for the U.S. company from India? Also, is there a limit on how long my H1B approval will remain valid?

Answer From a U.S. immigration law perspective, there is no limit on how long you can work for a U.S. employer while you are physically in India. Also, there is no limit on how long you can remain in India before returning in H1B status. As...

10:48 / FAQs / For Employers / For Individuals / Travel / Worker
10 Aug 2021

MurthyAudio: EB3 Downgrade and I-485 Filings

The pros and cons of filing EB3 “downgrade” I-140 petitions and documentation needed for I-485 Adjustment of Status filings are discussed by Murthy Law Firm attorneys in this podcast from 04.Aug.2021.The MP3 is available here, and in the archive of our teleconferences and podcasts on...

08:02 / For Employers / MurthyAudio / Worker
04 Aug 2021

My H1B registration was selected in the lottery last week, but the employer that filed the registration no longer has a position available for me. Can I transfer the registration to a different employer?

Answer Unfortunately, no; the cap-subject H1B petition typically can be filed only by the company that submitted the registration. (04.Aug.2021)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 © 2021,...

16:53 / FAQs / For Employers / For Individuals / Worker