22 May 2024

I raised some significant investment funds from a U.S. investor for my start-up business, and I now wish to apply for parole as an international entrepreneur, but the USCIS does not post anything about processing times on its website. Do you have any information on how long the process takes?

Answer Yes, the Murthy Law Firm has successfully filed a number of these applications. The first case we filed took more than two years to be approved. But, since then, processing times appear to have improved significantly. The last few cases we filed were all approved...

22 May 2024

I have a bachelor’s degree in math and a master’s degree in computer science. I was working as an IT professional, based on my computer science degree. Given the downturn in the tech sector, though, I was considering a move to teaching. Can I apply for a teaching job that requires a degree in math, or do I have to rely on the same degree as the one I am using for my current position?

Answer Assuming your math degree is equivalent to a U.S. bachelor's degree in math, yes, that can be used to qualify for an H1B position.  (22.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

15 May 2024

Does it raise any red flags to USCIS if an H1B worker moves through multiple employers? I was laid off, and am considering a job offer now, even though I do not think it will last very long. If USCIS sees that I kept moving from one employer to the next, will this job-hopping make me look bad?

Answer No, this typically is not a problem from the USCIS perspective. Over the years, the USCIS has enacted various measures to make it easier for H1B workers to move from employer to employer, when desired. And, USCIS officers are not generally interested in punishing employees...

08 May 2024

I am on L1A and have an approved EB1(c) petition. Business is a bit slow in the U.S. right now, so I am planning on working in India for a while and returning to the U.S. when my priority date is current so I can file my I-485. Is that permissible?

Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...

08 May 2024

After working in H1B status for 6 years, I moved to H-4 status, and have been working on H-4 EAD. My current employer filed a PERM for me last year, and now my I-140 has been approved. Can I use the approved I-140 to move back to H1B status, even though I have already completed 6 years of H1B time?

Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to "extend" H1B status beyond the standard 6-year max. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance...

08 May 2024

I was laid off from my H1B position, and was able to find a new employer who is willing to file for me before the end of my grace period. The new position is much more junior than the position I was previously in, however. I was in a wage level 3 position, but this is wage level 1. Is that likely to be an issue with the USCIS?

Answer Typically, moving to a higher or lower wage level with a new employer would not create any issues with the USCIS. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...