Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...
Answer In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to reenter the lottery. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer An H1B worker can make a passive investment in any company. However, it must genuinely be a passive investment only. One cannot work at the company or run or manage the business. Many people think they are not “working” because they hire someone else for...
Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...
Answer If the USCIS is consistent with prior years, then whether a second lottery will be necessary likely will be announced by the end of July or beginning of August. (08.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
AnswerThere may be other options available to you, as explained in the MurthyDotCom NewsBrief, Options if Not Selected in the H1B Lottery (01.Apr.2024). It would be advisable to discuss these options further with a qualified immigration attorney. (31.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...
Answer This work likely would constitute unauthorized employment, even when you are not getting paid. (31.Mar.2026)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 © 2026, MURTHY LAW FIRM. All...
Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...
Answer This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer Typically not, as occupational classifications are determined based on the job duties and other details of the position, independent of the particular employee’s credentials. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
