Answer By law, certain H1B filing fees must be paid for by the employer, and cannot be reimbursed by the employee. But, in practice, all fees associated with the preparation and filing of an H1B petition must be covered by the employer. The U.S. Department of...
Answer No. To receive an automatic extension of an expiring EAD based on a timely filed I-765, the expiring EAD and newly requested EAD must be in the same eligibility category. So, if you wish to receive an automatic extension of the H-4 EAD, one of...
Answer Although the regulations do not explicitly forbid working as an independent contractor, the STEM OPT guidance requires a bona fide employer-employee relationship, including training, supervision, and wage requirement. Therefore, it seems likely that working as an independent contractor would be viewed as a violation of...
The TN nonimmigrant classification provides Canadian and Mexican citizens with the opportunity to work in the United States in specified professional roles. As discussed in the MurthyDotCom InfoArticle, TN Status: Employment Option for Canadian and Mexican Citizens (04.Oct.2021), this visa category provides a streamlined process...
Answer During Trump’s first term in office, it seems his Administration was content with allowing the adjudication of EB5 cases to proceed undisturbed, for the most part. Although processing times did increase for nearly all case types, including EB5, we did not see a nationwide increase...
Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...
Answer Yes, it generally does not matter whether you are in the U.S. or abroad when you file the I-140 petition. (01.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
At the Murthy Law Firm, we are regularly asked whether using premium processing increases the risk that a case may be issued a request for evidence (RFE). We have not necessarily seen a significant increase in the issuance of RFEs for cases filed in premium...
On 12.Dec.2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance in the USCIS Policy Manual expanding the types of evidence that can be used to satisfy certain requirements for international entrepreneur parole, and specifically, to demonstrate the applicant’s central and active role in...
Answer As you note, the change that was made relates to the J-1 skills list. Unfortunately, J-1 physicians generally do not benefit from this change. (24.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
