For Employers Archives - Page 80 of 132 - Murthy Law Firm

24 Jun 2019

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

24 Jun 2019

Are expert opinions useful when responding to an H1B RFE on specialty occupation?

Answer Yes, expert opinions are still an important part of most RFE responses, and should definitely be considered when responding to a "specialty occupation" RFE. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....

08:13 / FAQs / For Employers / For Individuals / Worker

24 Jun 2019

“Extreme Vetting” and the Use of Form DS-5535

In 2017, the Trump Administration began the implementation of an "extreme vetting" program for certain foreign nationals requesting admission to the United States. As part of this program, a foreign national applying for a visa at a U.S. consulate abroad may be asked to complete...

08:13 / Consulates / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Travel

24 Jun 2019

I am in H1B status, and also have an EAD and pending I-485. Is it recommended that I maintain H1B status, or is it ok for me to just rely on my I-485/EAD?

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...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker

17 Jun 2019

MurthyAudio: H1B RFEs and Issues

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...

13:08 / For Employers / For Individuals / MurthyAudio / Student / Worker

17 Jun 2019

Can I port from EB2 to EB1 while I am in India, or do I need to first come back to the U.S.?

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...

09:10 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker

17 Jun 2019

The USCIS denied my L1A petition, saying that the position is not managerial. Can we reapply in the L1B category?

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...

09:07 / FAQs / For Employers / For Individuals / Worker

13 Jun 2019

July 2019 Visa Bulletin: Significant Movement in Multiple Categories

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...

23:18 / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin

12 Jun 2019

Texas Service Center Now Accepting Certain H1B Petitions

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...

08:20 / For Employers / NewsBrief / USCIS News / Worker

10 Jun 2019

USCIS Issues New I-129 Rejection Criteria

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...

13:24 / For Employers / For Individuals / NewsBrief / USCIS News / Worker

Murthy Law Firm

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Are expert opinions useful when responding to an H1B RFE on specialty occupation?

“Extreme Vetting” and the Use of Form DS-5535

I am in H1B status, and also have an EAD and pending I-485. Is it recommended that I maintain H1B status, or is it ok for me to just rely on my I-485/EAD?

MurthyAudio: H1B RFEs and Issues

Can I port from EB2 to EB1 while I am in India, or do I need to first come back to the U.S.?

The USCIS denied my L1A petition, saying that the position is not managerial. Can we reapply in the L1B category?

July 2019 Visa Bulletin: Significant Movement in Multiple Categories

Texas Service Center Now Accepting Certain H1B Petitions

USCIS Issues New I-129 Rejection Criteria

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