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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
28 Dec 2023

My wife presented her passport and H-4 visa at the port of entry when she last entered, but her I-94 was not extended to match my latest H1B extension. Was she required to present my most recent approval notice in order to get her status extended?

Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice).  (28.Dec.2023)Sheela Murthy...

07:53 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Travel / Worker
28 Dec 2023

I have been working in H1B status for a company for a few months, but am not happy with the position. When I first joined, I signed a contract that said, if I quit my job before I work for at least 18 months, I would be required to reimburse the employer for the costs involved in filing my H1B petition. Am I really required to pay this amount?

Answer An employer cannot impose a “penalty” against an H1B worker who leaves the company before the end of the H1B term. An employer, however, may be able to include a “liquidated damages” clause in an employment contract to recover certain expenses. The federal regulation explains,...

07:48 / FAQs / For Individuals / Worker
28 Dec 2023

I was laid off from my H1B position, and during my grace period, I applied for a change to B-2 status. That application is still pending. I now have to travel back to India for few weeks for personal reasons. I just found a company willing to sponsor me for a new H1B position. I asked the company to file the petition for consular processing, as I have a valid H1B visa stamp from my previous employer. The new employer told me that I would need to get another visa stamp because I overstayed, and therefore my existing stamp is invalid. Is that correct, or did my change of status application protect me from overstaying?

Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...

07:44 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
20 Dec 2023

My H-4 and H-4 EAD have expired and my extensions are pending. Is it true that I am allowed to continue to work for up to 180 days?

Answer Unfortunately, if both your I-94 and EAD have expired, you are not allowed to work based on the pending extension. The 180-day extension only applies if the EAD extension is timely filed and the H-4 spouse's I-94 remains valid. (20.Dec.2023)Sheela Murthy and other senior attorneys...

18:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / 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
14 Dec 2023

I am in L2S status. I understand that I am automatically authorized to work, but that I am also eligible to apply for an EAD. Is there any reason to apply for an EAD while in L2S status?

Answer There typically is no need to apply for an EAD while in L2S status. There are some relatively unusual scenarios where, perhaps, it would have been best if the L2S spouse had applied for an EAD. But, for most L and E dependent spouses, there...

07:16 / FAQs / For Families / Nonimmigrant Family / Worker
14 Dec 2023

Is there any problem if I am sponsored for an H1B change of employer while my wife’s H-4 EAD application is pending?

Answer An H1B change-of-employer petition ordinarily would not have any direct impact on a spouse's pending H-4 EAD. (14.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...

07:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker