Answer Ordinarily, if an H1B worker is moving to a work location outside of the MSA or reasonable commuting distance of the location/s indicated in the previous petition and LCA, an H1B amendment is required. And, to file the H1B amendment, the employer must first obtain...
Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if...
Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Many foreign nationals hold some mistaken beliefs related to the employment authorization document (EAD). Laws and regulations that govern employment through the EAD may differ substantially from the rules that govern work authorization provided by nonimmigrant status, such as H1B. Foreign nationals must make efforts...
Options for those whose employment has unexpectedly ended are discussed by Murthy Law Firm attorneys in the September 2023 podcast in this series for employers. The strategies touched upon include change of employer in H1B status, change of status to B, and filing a compelling...
Answer It ordinarily is not possible to transfer a visa "stamp" from one passport to another. However, an unexpired B-1/B-2 visa in an expired passport normally can be presented at the port of entry along with one's new passport to request admission in B-1/B-2 status. (07.Sep.2023)Sheela...
Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...
Answer Yes, it is very common to request and extension of status when filing an H1B amendment If you look at the I-129 form, you will see the options asking what action/s are desired. If the beneficiary is eligible to extend H1B status, the extension request...
Are you seeking to pursue higher education in the United States as an F-1 student? This Special Podcast, produced in association with Telugu Association of North America (TANA), is tailored just for you. Join our team of experienced immigration lawyers as they delve into the...
Answer In the preamble to the regulation that created the 24-month STEM OPT program, the Department of Homeland Security (DHS) laid out the rule regarding travel while a STEM OPT extension is pending: "Students on STEM OPT extensions (including those whose application for a STEM OPT extension...
