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22 Oct 2018

Is it advisable to travel while an H1B transfer is pending?

Answer Generally, it is not recommended to travel while an H1B change of employer (commonly referred to as a "transfer") is pending. Technically, if you have a valid unexpired H1B visa "stamp" from Company A, there is a USCIS memo that says that, with the visa...

13:31 / FAQs / For Employers / For Individuals / Travel / Worker
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22 Oct 2018

My bachelor’s degree is in a completely different field of study from my master’s degree. Can I file for an H1B position working in either field?

Answer The H1B category is limited to specialty occupations, meaning that the position normally requires at least a bachelor's degree in a related field of study. So, if you have a bachelor's degree or a master's degree in a field of study related to the position...

13:29 / FAQs / For Employers / For Individuals / Worker
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22 Oct 2018

I have a long first name. I received my STEM OPT EAD, but the last two letters of my first name are cut off. Can I start working?

Answer It is not unusual with longer names for parts of the name to be truncated on the EAD. It should not affect your ability to begin working on that EAD. (22.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

13:26 / FAQs / For Employers / For Individuals / Student / Worker
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22 Oct 2018

Labor Unions Can Now Submit Negative O Visa Consultations Directly to USCIS

The U.S. Citizenship and Immigration Services (USCIS) recently announced a new measure to help prevent fraud in the O-1 or O-2 petition process. If a labor union issues a negative O visa consultation (i.e. A consultation that objects to the issuance of an O-1 or...

13:24 / For Employers / For Individuals / NewsBrief / USCIS News / Worker
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22 Oct 2018

If my H1B extension is denied long after my I-94 has expired, how does the 240-day rule apply? Does all that time count as being out of status?

Answer If your H1B extension was timely filed prior to the expiration of your I-94, you should remain in a period of authorized stay as long as that extension petition is pending. The 240-day provision only applies to work authorization when it is an H1B extension...

13:23 / FAQs / For Employers / For Individuals / Worker
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17 Oct 2018

MurthyAudio: PERM / Green Card and Citizenship Updates

While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, this information may be of interest to employees and to those considering launching a startup. The focus in this teleconference, recorded October 3, 2018, is recent changes to...

13:42 / Citizen / Employment Based / For Employers / For Individuals / MurthyAudio / Resident
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17 Oct 2018

FAM Update Could Make H1B Visa “Stamping” More Challenging

The U.S. Department of State (DOS) has recently updated the Foreign Affairs Manual (FAM) to provide additional guidance to U.S. consular officers on the role they should play in confirming the validity of a petition being used to apply for a visa. The updated guidance...

08:29 / Consulates / For Employers / For Individuals / NewsBrief / Worker
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16 Oct 2018

NewsFlash! Medical Exams for I-485 Applications Will Be Valid for Two Years

The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective November 1, 2018, the medical examination and vaccination record (form I-693) required for most I-485 applicants will be valid for two years from the date it is signed by a civil surgeon. In addition,...

14:00 / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
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15 Oct 2018

How can I check whether my H1B petition has been revoked by the employer?

Answer One generally can tell by entering the receipt number into the "case status" link on the USCIS website. This is generally, but not always, accurate. (15.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

10:57 / FAQs / For Individuals / Worker
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15 Oct 2018

Can I start my EB1(a) green card case before I get my J-1 waiver?

Answer One who is subject to the home residence requirement can have the I-140 approved, but cannot file the I-485 application until the waiver is received. (15.Oct.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

10:53 / Employment Based / FAQs / For Individuals / Resident / Worker
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