Worker Archives - Page 109 of 216 - Murthy Law Firm

12 Jul 2019

Bill to Remove Per-Country Limits Advances, but Significant Hurdles Remain

On July 10, 2019, the U.S. House of Representatives passed H.R.1044, the Fairness for High-Skilled Immigrants Act of 2019. If passed into law, the bill would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. While this news...

10 Jul 2019

I would like to attend a wedding in India, but my H-4 extension is still pending. Do I need to wait until it is approved before I travel?

Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...

13:45 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker

10 Jul 2019

My H1B was picked in this year’s lottery and has been approved with an October 1st start date. Can I change to a different H1B employer now?

Answer In general, it is not advisable to attempt to pursue a change of H1B petition employers until the "cap" H1B approval has taken effect - normally, October 1st or the date of approval, whichever is later. Attempting to file another H1B before this occurs can...

13:37 / FAQs / For Individuals / Worker

10 Jul 2019

If my H1B amendment is denied, can I still work based on my existing H1B petition, which is valid through March 2020?

Answer In general, yes. If the job contained in the original H1B petition is still available, one could continue to work in that position until the petition expires, unless the USCIS has specifically ordered one to depart the United States in the denial notice for the...

13:33 / FAQs / For Employers / For Individuals / Worker

27 Jun 2019

Ombudsman’s Office Hosting Teleconference on H1B Enforcement

On July 2, 2019, the U.S. Department of Homeland Security (DHS) Office of the Citizenship and Immigration Services Ombudsman is putting on a teleconference related to H1B enforcement issues. The following topics will be covered during the teleconference:Compliance and systematic review of H1B petitions...

11:42 / For Employers / For Individuals / Homeland Security / NewsBrief / Worker

24 Jun 2019

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

08:16 / FAQs / For Employers / For Individuals / Student / Travel / Worker

24 Jun 2019

Are expert opinions useful when responding to an H1B RFE on specialty occupation?

Answer Yes, expert opinions are still an important part of most RFE responses, and should definitely be considered when responding to a "specialty occupation" RFE. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....

08:13 / FAQs / For Employers / For Individuals / Worker

24 Jun 2019

I am in H1B status, and also have an EAD and pending I-485. Is it recommended that I maintain H1B status, or is it ok for me to just rely on my I-485/EAD?

Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker

24 Jun 2019

My wife recently applied to extend her H-4 status and renew her H-4 EAD. If I switch to a different H1B employer, will that impact her pending cases?

Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

08:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker

20 Jun 2019

AFM Updated to Clarify Admission Period for P1S Essential Support Personnel

The U.S. Citizenship and Immigration Services (USCIS) has updated the Adjudicators Field Manual (AFM) with regard to P1S essential support personnel for individual athletes. This update does not represent a substantive change, but instead is intended to prevent incorrect approval periods. More specifically, the update...

08:35 / For Individuals / InfoArticle / Worker

Murthy Law Firm

Bill to Remove Per-Country Limits Advances, but Significant Hurdles Remain

I would like to attend a wedding in India, but my H-4 extension is still pending. Do I need to wait until it is approved before I travel?

My H1B was picked in this year’s lottery and has been approved with an October 1st start date. Can I change to a different H1B employer now?

If my H1B amendment is denied, can I still work based on my existing H1B petition, which is valid through March 2020?

Ombudsman’s Office Hosting Teleconference on H1B Enforcement

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Are expert opinions useful when responding to an H1B RFE on specialty occupation?

I am in H1B status, and also have an EAD and pending I-485. Is it recommended that I maintain H1B status, or is it ok for me to just rely on my I-485/EAD?

My wife recently applied to extend her H-4 status and renew her H-4 EAD. If I switch to a different H1B employer, will that impact her pending cases?

AFM Updated to Clarify Admission Period for P1S Essential Support Personnel

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