The U.S. Department of Labor (DOL) has issued a guidance memorandum on how electronic postings can be used to satisfy an H1B employer's posting requirements when submitting a labor condition application (LCA). General Posting Requirements Prior to filing an H1B petition, the employer first must obtain a...
Due to a system error, certain I-797B approval notices, recently issued by the U.S. Citizenship and Immigration Services (USCIS) Vermont Service Center (VSC), fail to list the name of the first beneficiary (alphabetically, by surname) in instances where there are multiple beneficiaries. In response to...
Answer Generally, an H1B petitioner can switch a case from Change of Status to Consular Notification. Whether it is a good idea, however, can depend on multiple factors. You and/or the employer should discuss this with an attorney before deciding how to proceed. (15.Apr.2019)In frequent sessions...
The U.S. Citizenship and Immigration Services (USCIS) announced this evening that it has completed the randomized H1B cap lottery selection process. The USCIS also confirmed that, as expected, it received more than 20,000 petitions that qualified for the advanced-degree exemption ("master's cap").The USCIS reported that...
While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, employees and those considering launching startups may be interested in this information, as well. Many employers are familiar with the H1B and L-1 nonimmigrant visa programs, but there...
Answer Including the recruitment, it generally will take 6-10 months to process a PERM case to approval. There is a lot of variation, however, and an "audit" or order for supervised recruitment will slow down the process significantly. (08.Apr.2019)In frequent sessions of our Chat, Sheela Murthy...
Answer An H1B amendment is required if there has been a material change in one's job duties, or if one has moved to a new metropolitan area (MSA). Given that the new job is within the same MSA, an amendment likely would be necessary only if...
Similar to the policy announced this past fall for O-1/O-2 consultations, the U.S. Citizenship and Immigration Services (USCIS) is now accepting negative P consultations directly from labor unions. The measure is presumably to prevent fraud in the P-1, P-2, and P-3 petition process. Background on P...
Answer A client letter is never required - it is merely one type of evidence that can be provided. In practice, however, if no client letter is provided, an RFE is quite likely. A detailed eMail from a client manager will sometimes, but not always, suffice....
Answer In general, if one has multiple H1B petitions approved for change of status, it would be possible simply to choose the employer for whom one prefers to work. The other employer/s then would withdraw their approval/s. (01.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...
