Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...
Answer In most situations, it is necessary for an employer to file an H1B petition. This filing would request a change of status from H-4 to H1B, and would be cap exempt (assuming the prior H1B was cap subject and that you still have H1B time...
As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) -...
Answer This does not happen often, but it happens. The only thing that can force a decision is a lawsuit against the government (i.e. writ of mandamus). Other than that, you can try getting help through a congressman / senator, or through the CIS Ombudsman's office. (25.Jan.2016)In...
Answer If a person is not the primary, it does not matter. If one is the primary beneficiary, s/he COULD work part time, but (assuming this is an employment-based case) the GC job offer must be for a full-time position. Therefore, it could be that the...
Answer It is possible to file an H1B petition for a person who is abroad, but it would have to be filed for consular processing - meaning that changing to H1B status would require getting an H1B visa "stamp" at the consulate and entering in that...
As previously discussed on MurthyDotCom, the omnibus spending bill passed by Congress in December 2015 included provisions that increase an already hefty filing fee for H1B and L-1 petitions filed by companies that meet certain requirements. As of December 18, 2015 - the date the bill...
On Friday, April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H1B cap-subject case filings for fiscal year 2017 (FY17). April 1st may seem a long time from today, but employers and potential H1B workers would be wise to begin the...
Answer Premium processing is not available for an H-4 application. Likewise, premium processing is not an option for an EAD application. It may be possible to submit an H1B petition for premium processing and file an H-4 COS/EOS (along with the EAD application) with the H1B....
Answer It is possible to request to withdraw a COS request. The issue is whether or not the request will be matched up with the file. It may be a good idea to talk to an attorney to make sure that this is really necessary, and...
