The U.S. Citizenship and Immigration Services (USCIS) has adopted the Administrative Appeals Office (AAO) decision in Matter of S-P-, Inc. In adopting this decision, the USCIS also issued a policy memorandum clarifying that a beneficiary cannot qualify as an employment-based, first preference immigrant as a...
Answer The USCIS normally makes a decision within 60 days of receiving a RFE response, although they are not required to do so. In some cases, a decision can take longer than that standard timeframe. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that generally would require filing a new labor certification and I-140 petition for that new position. However, if you have an approved I-140, you should be...
Answer Yes, it is possible to live in Canada and commute to the U.S. to work in H1B status. However, you should consult directly with an immigration attorney about your specific situation before making any change. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...
The U.S. Citizenship and Immigration Services (USCIS) recently announced that when its E-Verify Monitoring and Compliance (M&C) branch conducts a desk review, the employer will be asked to provide copies of the completed form I-9 and corresponding employment verification documents. A desk review is a...
In this teleconference, recorded April 4, 2018, Murthy Law Firm attorneys provide practical tips and discuss best practices for when government agencies, such as ICE or FDNS, show up at your door to determine your company’s compliance with your H-1 and L-1 petitions.The MP3 is...
Long-time followers of MurthyDotCom have likely read some of our articles on the increase in government scrutiny of the hiring and employment practices of U.S. employers. These articles focus on immigration compliance. However, employers of foreign workers also need to concern themselves with general employment...
Answer Yes, one in this situation normally could have another employer file an H1B petition for consular processing. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
