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25 Jan 2024

About four years ago, I was selected in the lottery and worked on H1B for less than six months before returning to India. I have not been back to the U.S. since then. Last year, another company submitted a lottery registration for me, but I was not selected. A friend recently told me I do not have to go through the lottery again. Is that correct, or did I ruin my chances by going through that lottery last year?

Answer Your friend is correct! Generally speaking, once a person has been counted against the H1B cap, that person remains eligible for up to 6 years of H1B time. The fact that another employer submitted a registration for you last year does not change the fact...

05:53 / FAQs / For Employers / For Individuals / Worker
11 Jan 2024

The first PERM case my employer filed for me was denied. If the same employer files another case for me for a different position, will that automatically result in my case being audited?

Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...

08:58 / Employment Based / FAQs / For Employers / For Individuals / Resident
04 Jan 2024

I earned my 3-year bachelor’s degree (BSC) and 3-year master’s degree (MCA) from India. I also have about a decade of work experience related to my field of study. Can my PERM case be filed as EB2?

Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:54 / Employment Based / FAQs / For Employers / For Individuals / Resident
04 Jan 2024

I am working in H1B status for Employer A. Employer B filed a change-of-employer petition for me, which was approved. When I went to give my two-week notice to Employer A, however, they offered me a raise and some additional benefits, so I decided to stay in my current job. Are there any immigration complications created by not joining Employer B?

Answer No. From the H1B worker's perspective, there generally is no immigration harm in failing to join the new employer. Employer B has certain obligations (e.g., withdrawing the approved petition when the worker fails to join the company). But, regardless of whether Employer B takes care...

07:52 / FAQs / For Employers / For Individuals / Worker
20 Dec 2023

I am currently working in H1B status as a mobile developer, and I have been offered a position in cybersecurity. Is it true that there is a higher chance of an RFE and/or denial if an H1B change-of-employer is filed where the person will be moving to a different field?

Answer The fact that an H1B worker is moving to a different field really has no bearing. Assuming the individual meets the requirements for the position, and the other basic H1B requirements are met, there really is no need to worry about the fact that the...

18:19 / FAQs / For Employers / For Individuals / Worker
20 Dec 2023

My I-140 was denied and my employer is appealing the decision. Meanwhile, I need to travel to India for an urgent personal matter. Will this travel harm the chances of my appeal being approved?

Answer Traveling typically would have no impact on a pending appeal of an I-140. (20.Dec.2023)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 © 2023, MURTHY LAW FIRM. All Rights...

18:16 / FAQs / For Employers / For Individuals / Travel
07 Dec 2023

I used about 4 years of H1B time and then left the U.S. It has been more than a year since I was last in the U.S. Does that mean I am now eligible for a fresh 6-year period of H1B time?

Answer Generally speaking, in order to be eligible for a new 6-year period of H1B time, the individual would need to be outside the U.S. for at least one year and then apply through the lottery again. Ordinarily, simply leaving the U.S. for one year or...

09:18 / FAQs / For Employers / For Individuals / H1B / Worker
22 Nov 2023

A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now?

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...

17:12 / Employment Based / FAQs / For Employers / For Individuals / Resident
09 Nov 2023

I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?

Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...

08:37 / Employment Based / FAQs / For Employers / For Individuals / Resident