The administrative appeals office (AAO) issued a non-precedent decision, on April 28, 2017, that acknowledges the right of an I-140 beneficiary who has ported to a new employer pursuant to the American Competitiveness in the Twenty First Century Act (AC21) to receive and respond to...
Generally speaking, whenever a U.S. company hires a new employee, the employer is required by law to verify the identity and employment authorization of the worker. This is accomplished by completing the I-9 form and having the new hire present one or more acceptable documents....
Attorneys at the Murthy Law Firm are often asked whether it is too late for an employer to file a PERM labor certification (PERM or LC). The question generally comes from individuals who are approaching or are already in the sixth year of H1B status....
Attorney In general, one in this situation is cap exempt, unless the H1B was revoked by the USCIS for fraud or misrepresentation. (08.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
Answer No, generally speaking, a priority date cannot be transferred from one spouse to the other. (08.May.2017)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 here.Access more FAQs...
Answer As long as the H1B has not expired, one generally may continue working in H1B status until the status change is approved. (08.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
The U.S. Citizenship and Immigration Services (USCIS) issued a news alert on Wednesday, May 3, 2017, informing stakeholders that the data entry process has been completed for all cases selected in the fiscal year 2018 (FY18) H1B lottery. The USCIS will now begin returning all...
The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on April 12, 2017, adopting the Administrative Appeals Office (AAO) decision in Matter of I-Corp. This decision clarifies that the USCIS cannot approve a petition for a foreign national worker that is based on...
Answer In general, it is not advisable to try to move to a different H1B employer until one's "cap" H1B petition is approved, and has gone into effect (i.e. either the date of approval or October 1st, whichever comes last). At times we have seen the...
On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that the H1B cap for fiscal year 2018 (FY18) was reached. The USCIS then completed the H1B lottery selection process on April 11, 2017. Some 199,000 petitions were filed this year, which is...
