On March 27, 2019, the U.S. District Court for the Western District of New York granted summary judgment to a Canadian physician who sued the U.S. Department of Homeland Security (DHS) after U.S. Customs and Border Protection (CBP) refused him admission to the United States...
The U.S. Citizenship and Immigration Services (USCIS) announced this evening that it has completed the randomized H1B cap lottery selection process. The USCIS also confirmed that, as expected, it received more than 20,000 petitions that qualified for the advanced-degree exemption ("master's cap").The USCIS reported that...
While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, employees and those considering launching startups may be interested in this information, as well. Many employers are familiar with the H1B and L-1 nonimmigrant visa programs, but there...
Answer In general, once one is counted under the H1B cap, it is possible to move back and forth between cap-subject employers and cap-exempt nonprofit employers until one has exhausted one's 6 years of H1B time. (08.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Including the recruitment, it generally will take 6-10 months to process a PERM case to approval. There is a lot of variation, however, and an "audit" or order for supervised recruitment will slow down the process significantly. (08.Apr.2019)In frequent sessions of our Chat, Sheela Murthy...
Answer An H1B amendment is required if there has been a material change in one's job duties, or if one has moved to a new metropolitan area (MSA). Given that the new job is within the same MSA, an amendment likely would be necessary only if...
AnswerOne generally must have an unexpired advance parole to depart the U.S., and must return on the SAME, UNEXPIRED AP document. (08.Apr.2019) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Similar to the policy announced this past fall for O-1/O-2 consultations, the U.S. Citizenship and Immigration Services (USCIS) is now accepting negative P consultations directly from labor unions. The measure is presumably to prevent fraud in the P-1, P-2, and P-3 petition process. Background on P...
Answer Generally, one is counted against the country of birth (or spouse's country of birth), not country of citizenship.There are limited circumstances in which one's country of citizenship can be used - typically, this occurs when the child is born in a country where neither parent...
Answer A client letter is never required - it is merely one type of evidence that can be provided. In practice, however, if no client letter is provided, an RFE is quite likely. A detailed eMail from a client manager will sometimes, but not always, suffice....
