The focus of this teleconference is recent trends in requests for evidence (RFEs) for H1B petitions after cap season. Attorneys from the Murthy Law Firm discuss issues related to the right to control, specialty occupations, CPT & OPT, etc, and provide tips for preparing a...
Answer The I-9 is a form that is retained in the employer's records. It only serves to confirm that the people employed by the company are legally authorized to work. It has absolutely no impact on one's immigration status. (17.Jun.2019)In frequent sessions of our Chat, Sheela...
Answer Assuming that the company has not yet filed an H1B petition, the proper visa for one in this situation would normally be a B-1/B-2 "visitor" visa. This type of visa is not "sponsored." However, a letter from the company, on company letterhead, inviting one to...
Answer "Porting" is just the filing of a new I-140 petition. One generally does not need to be in the United States for the filing of an I-140 petition. (17.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer An L1A denial generally would not prevent the company from reapplying in the L1B category. Obviously, you would need to show that you qualify for L1B. The previous denial would have to be disclosed in the I-129, but this would not automatically prevent the USCIS...
The July 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). There are some notable movements in family-based (FB) as well as employment-based (EB) categories. Most significantly, the F2A category becomes current for all countries of chargeability, as well as the...
The United States Citizenship and Immigration Services (USCIS) has issued new guidance regarding rejection criteria for the petition for a nonimmigrant worker (form I-129). Beginning August 5, 2019, the USCIS will reject any petition that does not include the petitioner's name and primary U.S. office...
Answer In general, an employer can withdraw the job offer and thus the immigrant petition (I-140) anytime before or after approval. However, the regulations permit the immigrant petition I-140 withdrawn more than 180 days from the date of approval to continue to remain valid for the...
Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...
Answer Generally, this is possible, assuming the foreign national’s I-94 is unexpired and s/he is maintaining status. Normally, an application / petition for extension is not cancelled by international travel. An application / petition for change of status would be cancelled by international travel. (10.Jun.2019)In frequent...
