Worker Archives - Page 152 of 209 - Murthy Law Firm

23 Dec 2016

NewsFlash! USCIS Issues Slew of Revised Forms; Prior Versions No Longer Valid for Most

Please read the 29.Dec.16 update on this information. Updated Information This afternoon, the American Immigration Lawyers Association (AILA) issued a practice alert related to the new forms. It states, in part: AILA reached out to USCIS … to demand a grace period during which prior form versions could...

19 Dec 2016

I have been in L1B status for 5 years and have an approved I-140. Can I use the I-140 to extend my L1B status?

Answer Generally speaking, a person may remain in L1B status for a maximum of 5 years. An approved I-140 cannot be used as a basis to extend L1B status beyond the 5-year max. Rather, to be eligible to return in L1B status, one typically would need...

20:54 / Employment Based / FAQs / For Individuals / Resident / Worker

19 Dec 2016

Once my I-140 is approved, can I apply for a different job in the same company without having to go through the PERM process again?

Answer Generally, the PERM and I-140 are tied to a particular job. If that job is no longer available, then a new PERM and I-140 would usually be required. (19.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

20:38 / Employment Based / FAQs / Resident / Worker

19 Dec 2016

Spending Bill Includes Extension of Several Immigration Programs

On Saturday, December 10, 2016, President Obama signed into law a continuing resolution designed to fund the federal government through April 28, 2017. Included in the spending bill were various immigration provisions, including an extension of the employment-based, fifth preference (EB5) regional center program, the...

13:14 / EB5 Investor / Employment Based / Medical / NewsBrief / Physicians / Resident / Student / Worker

12 Dec 2016

Do the job duties listed in my H1B extension need to match the job duties used for my approved I-140?

Answer If the H1B is the same position with the same employer as that described in the PERM, then the duties and requirements should remain consistent. However, if the H1B and PERM are for different positions (or with different employers) then the job duties do not...

21:39 / Employment Based / FAQs / Resident / Worker

12 Dec 2016

Can a person work in H1B status and also have an H-4 EAD?

Answer H-4 and H1B are two different visa statuses. One can only hold one status at a time. A person in H1B status may not work using an H-4 EAD and vice versa. (12.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...

20:01 / Employment Based / FAQs / Resident / Worker

05 Dec 2016

I was here on H1B for 1 year and then left the U.S. Three years later, a new employer filed a cap-exempt H1B for me. Did my clock reset? Am I now eligible for 6 years of H1B time?

Answer One's H1B clock is "reset" only if one is outside the US for 365 days AND is the beneficiary of a cap-subject H1B petition (i.e. Filing through the H1B lottery, again.). A petition to recapture unused H1B time does not reset the clock. (05.Dec.2016)In frequent...

16:41 / FAQs / Travel / Worker

05 Dec 2016

My stem OPT expires in April 2017, which is the same time my employer will be filing an H1B for me. Will I fall under the cap-gap protections?

Answer Generally speaking, so long as the H1B petition is filed before the expiration of the OPT, the beneficiary would be covered by cap-gap. (05.Dec.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

16:39 / FAQs / Student / Worker

05 Dec 2016

Will the new 60-day grace period rule apply for existing approved H1Bs? Or, will it only apply to those approved after 17.Jan.2017?

Answer It appears that the grace period will apply after January 17th, regardless of when the H1B was approved. (05.Dec.2016)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...

16:36 / FAQs / Worker

01 Dec 2016

Proposed Revision of Information Collection for Form I-612

On November 25, 2016, the U.S. Department of Homeland Security (DHS) issued a notice of a proposed revision to the collection of information for USCIS Form I-612, Application for Waiver of the Foreign Residence Requirement. The I-612 is required under Section 212(e) of the Immigration...

13:00 / Homeland Security / Medical / NewsBrief / USCIS News / Worker

Murthy Law Firm

NewsFlash! USCIS Issues Slew of Revised Forms; Prior Versions No Longer Valid for Most

I have been in L1B status for 5 years and have an approved I-140. Can I use the I-140 to extend my L1B status?

Once my I-140 is approved, can I apply for a different job in the same company without having to go through the PERM process again?

Spending Bill Includes Extension of Several Immigration Programs

Do the job duties listed in my H1B extension need to match the job duties used for my approved I-140?

Can a person work in H1B status and also have an H-4 EAD?

I was here on H1B for 1 year and then left the U.S. Three years later, a new employer filed a cap-exempt H1B for me. Did my clock reset? Am I now eligible for 6 years of H1B time?

My stem OPT expires in April 2017, which is the same time my employer will be filing an H1B for me. Will I fall under the cap-gap protections?

Will the new 60-day grace period rule apply for existing approved H1Bs? Or, will it only apply to those approved after 17.Jan.2017?

Proposed Revision of Information Collection for Form I-612

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