01 Jun 2022

Teleconference: L1A/L1B Overview

An overview of nonimmigrant L1A/L1B options as well as tips for filing and responding to requests for evidence (RFEs) are provided by Murthy Law Firm attorneys in this teleconference.Employers and their representatives are invited to participate in the teleconference scheduled for June 01, 2022 –...

19 May 2022

My L-1 petition was filed for premium processing, and the online case status shows an RFE was issued. As of yet, however, we have not received the RFE. What should I do?

Answer This has become a common issue, especially for cases filed with the Texas Service Center. To resolve the matter, we generally send an eMail to the Texas Service Center to request that the RFE be reissued. (18.May.2022)Sheela Murthy and other senior attorneys provide guidance that...

05 May 2022

My H1B extension was recently approved, but my online I-94 information still shows my previous I-94 expiration date. Do I need to take some action to get it updated?

Answer No, the online I-94 tool on the U.S. Customs and Border Protection (CBP) website only provides information related to the I-94 issued upon the individual's most recent entry into the United States. If the person's status is changed or extended after being admitted, those details...

28 Apr 2022

My employer forgot to sign the I-129 form on my H1B extension, and the petition was rejected by USCIS. By the time my petition was refiled, my I-94 had already expired, and I accumulated about 2 weeks of unlawful presence. I have a Canadian visa, so I left for Canada. The H1B extension has since been approved. Is it true I have to fly back to my home country (India) to apply for the new H1B visa stamp?

Answer Under 222(g), if a person accumulates any unlawful presence and then departs the U.S., the existing visa becomes void. Further, the individual generally is required to apply for a new nonimmigrant visa in the country of nationality. If the foreign national applies in a country...

28 Apr 2022

My H1B extension was denied and my I-94 has already expired. If my employer files a motion to reopen, am I allowed to remain in the U.S. while the motion is pending?

Answer No, as a general rule, filing a motion does not provide a person with lawful status or any other form of authorization to remain in the U.S. (28.Apr.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

21 Apr 2022

I have a B-1/B-2 visa in my passport, and my L-1 petition was recently approved. My L-1 visa appointment at the consulate is scheduled for June. Can I enter on my B-1/B-2 to attend some meetings, and then fly home before the visa appointment?

Answer Having an approved L-1 petition would not prevent a person from requesting admission on B-1/B-2. The immigration officer at the U.S. port of entry virtually always has discretion to deny a person admission on a B-1/B-2, but having an approved L-1 petition would not prevent...

21 Apr 2022

I worked in H1B for a couple of years and then left the U.S. That was nearly ten years ago. I now have a company in the U.S. that wants to sponsor me. Do I have to go through the lottery again?

Answer In general, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. or changes status prior to utilizing the full 6 years of...