Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...
The focus of this teleconference is recent trends in requests for evidence (RFEs) for H1B petitions after cap season. Attorneys from the Murthy Law Firm discuss issues related to the right to control, specialty occupations, CPT & OPT, etc, and provide tips for preparing a...
Answer "Porting" is just the filing of a new I-140 petition. One generally does not need to be in the United States for the filing of an I-140 petition. (17.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer An L1A denial generally would not prevent the company from reapplying in the L1B category. Obviously, you would need to show that you qualify for L1B. The previous denial would have to be disclosed in the I-129, but this would not automatically prevent the USCIS...
The July 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). There are some notable movements in family-based (FB) as well as employment-based (EB) categories. Most significantly, the F2A category becomes current for all countries of chargeability, as well as the...
On May 20, 2019, the Texas Service Center (TSC) began accepting certain cap-exempt H1B petitions for processing. Beginning July 19, 2019, the U.S. Citizenship and Immigration Services (USCIS) may reject any petition not filed at the appropriate service center. General H1B Filing Address and Other Information Until...
The United States Citizenship and Immigration Services (USCIS) has issued new guidance regarding rejection criteria for the petition for a nonimmigrant worker (form I-129). Beginning August 5, 2019, the USCIS will reject any petition that does not include the petitioner's name and primary U.S. office...
Answer In general, an employer can withdraw the job offer and thus the immigrant petition (I-140) anytime before or after approval. However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the...
Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...
Effective Monday, June 10, 2019, in addition to any cap-subject H1B petition filed for regular processing that requested a change of status, the USCIS will also accept filings of premium processing requests of all remaining cap-subject petitions. Those employers who elect to "upgrade" their pending...
