Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...
Answer No, this is not correct. The 240-day rule does not apply to H-4 dependents, and it is not related to how long a person may stay in the U.S. Rather, the 240-day rule relates to work authorization in certain nonimmigrant categories, such as H1B, when...
Answer It is possible for an individual to be registered for the lottery by more than one U.S. company. However, a company cannot file multiple registrations for the same individual. Similarly, related or affiliated companies are not allowed to submit registrations for the same beneficiary, unless...
Answer It may be possible to obtain this by filing a Freedom of Information Act (FOIA) request with the U.S. Department of State (DOS). (25.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension. (18.Feb.2021)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 © 2021, MURTHY LAW FIRM. All Rights Reserved...
Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending. (18.Feb.2021)Sheela Murthy and other senior attorneys provide...
Answer This is a grey area of the law and could create certain unique risks for foreign nationals. I recommend you schedule a consultation with an attorney who can review your situation more closely and advise you accordingly. (18.Feb.2021)Sheela Murthy and other senior attorneys provide guidance...
Answer No, this is not true. The USCIS memo you are referencing was issued by the Trump Administration in February 2018. In June 2020, the USCIS officially rescinded the memo as part of a settlement agreement between the USCIS and IT Serve Alliance.The USCIS webpage that...
AnswerThe H1B executive order regarding H1B workers is scheduled to expire in March, although it is possible that President Biden could rescind it before then. Regardless, though, it has no impact on a person's ability to be sponsored in the H1B lottery. (11.Feb.2021)Sheela Murthy and...
Answer Assuming you have been counted against the H1B cap, moving to a cap-exempt employer would not prevent you from later returning to a cap-subject employer. (11.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
