FAQs Archives - Page 81 of 96 - Murthy Law Firm

10 Oct 2016

Can I start working after USCIS notification of EAD card production, but before receiving the physical card?

Answer This is generally not be possible, because one in this situation is normally unable to properly complete an I-9 form. (10.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...

03 Oct 2016

Can a single H1B petition be filed that would allow one to work at two different client sites on two different projects?

Answer Yes, this generally is possible. A single LCA can have multiple worksites. And the H1B petition filed by the employer can indicate that the foreign national will work on two different projects at two different locations, but an itinerary of the work schedule typically would...

18:46 / FAQs / Worker

03 Oct 2016

My OPT application was denied. Can a motion to reopen / reconsider help in getting it approved?

Answer This depends on the reason for the OPT denial. In some cases, an OPT denial can be reversed. One should consult a qualified attorney to review the specifics of your case. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

18:43 / F-1 / FAQs / Student

03 Oct 2016

Can my spouse continue to work on H-4 EAD while I’m out of country for 2 months?

Answer This can be a tricky situation. A government memo from some years ago said that a principal nonimmigrant (such as an H1B spouse) could not depart the U.S. leaving behind a "parked" dependent (such as an H-4 spouse). If the H1B is traveling outside the...

18:40 / Employment Based / FAQs / Resident / Travel / Worker

03 Oct 2016

I have an approved EB3 I-140, but am now moving to a new employer. Do I need to restart the green card process?

Answer Under the current rules, the new employer would need to file a new PERM application and a new I-140. One generally would be allowed to retain the same priority date from the approved I-140, however. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other...

15:09 / Employment Based / FAQs / Resident / Worker

26 Sep 2016

My employer filed an H1B amendment for me about 2 months after I moved to a new employer. Should I be worried?

Answer Under the USCIS Matter of Simeio Solutions memorandum, the amendment should be filed before one starts work at a new location. So, if an amendment is filed after the move, this is a potential problem. (This is assuming that the new worksite is in a...

19:38 / FAQs / Worker

26 Sep 2016

Does maternity leave while on H1B have to be paid?

Answer Ordinarily, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions may normally be unpaid without violating one's H1B status. (26.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...

19:26 / FAQs / H1B / Worker

26 Sep 2016

Is it legal for a person in H1B status to win money while gambling or playing the lottery?

Answer That's an interesting question. H1B workers are not permitted to engage in "unauthorized employment." A one-time lottery win is unlikely to be considered employment. However, someone who gambles frequently enough to be deemed a professional gambler might be considered to be engaging in unauthorized employment....

19:15 / FAQs / H1B / Worker

19 Sep 2016

I filed my OPT extension one day late. Will that be a problem?

Answer If the STEM extension was filed after the expiration of the person's current OPT status, it will likely be denied, I'm afraid. (19.Sep.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

20:26 / F-1 / FAQs / Student / Worker

19 Sep 2016

Can I transfer to a new H1B employer while my status is expired and I have an extension that is pending?

Answer This is a complex scenario. If one's H1B status has technically expired, that person would typically be in a "period of authorized stay" by virtue of the timely filed extension petition. In this type of situation, that individual cannot normally have another H1B approved with...

20:24 / FAQs / H1B / Worker

Murthy Law Firm

Can I start working after USCIS notification of EAD card production, but before receiving the physical card?

Can a single H1B petition be filed that would allow one to work at two different client sites on two different projects?

My OPT application was denied. Can a motion to reopen / reconsider help in getting it approved?

Can my spouse continue to work on H-4 EAD while I’m out of country for 2 months?

I have an approved EB3 I-140, but am now moving to a new employer. Do I need to restart the green card process?

My employer filed an H1B amendment for me about 2 months after I moved to a new employer. Should I be worried?

Does maternity leave while on H1B have to be paid?

Is it legal for a person in H1B status to win money while gambling or playing the lottery?

I filed my OPT extension one day late. Will that be a problem?

Can I transfer to a new H1B employer while my status is expired and I have an extension that is pending?

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