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06 Mar 2017

I left the U.S. in June 2016 after completing my six years of H1B time. Can I now be sponsored for a new H1B in this year’s lottery?

Answer Once a person has used the full six-year period of H1B time, s/he generally would need to be outside the U.S. for at least one full year before a new cap-subject petition could be filed. The key here is that the individual must be eligible...

07:43 / FAQs / For Individuals / H1B / Worker
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06 Mar 2017

Grace Period for Nonimmigrant Workers Following Loss of Employment

A U.S. Department of Homeland Security (DHS) regulation affecting highly skilled workers went into effect on January 17, 2017. One of the key components of the new regulation is the availability of a grace period of up to 60 days for certain categories of nonimmigrant...

07:41 / Employment Based / For Families / H1B / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Worker
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06 Mar 2017

Does the H1B premium processing suspension affect H1B extensions and H1B transfer applications as well?

Answer Unfortunately, the premium processing suspension applies to ALL H1B petitions filed on or after April 3, 2017. (06.Mar.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...

07:38 / FAQs / For Employers / For Individuals / Worker
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03 Mar 2017

USCIS Will Temporarily Suspend Premium Processing for All H1B Petitions

Starting April 3, 2017, the USCIS will temporarily suspend premium processing for all H1B petitions. This suspension may last up to six months. While H1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a...

19:10 / H1B / NewsBrief / USCIS News / Worker
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02 Mar 2017

DHS Continuing to Expand Social Media Scrutiny of Foreign Travelers

The U.S. Department of Homeland Security (DHS) is continuing to expand its scrutiny of the social media presence of foreign travelers and foreign nationals applying for U.S. immigration benefits. DHS Secretary John Kelly has stated that the Trump Administration's "extreme vetting" policies may include asking...

08:05 / For Families / For Individuals / NewsBrief / Student / Travel / Visitor / Worker
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27 Feb 2017

H1B Petitions for In-House Projects at Consulting Companies

Many U.S. employers that normally engage in providing tech consulting services seek to expand revenue streams by also developing their own proprietary software that can be marketed to clients. As part of the development process, these companies may seek to hire H1B workers to serve...

13:23 / For Employers / H1B / NewsBrief / USCIS News / Worker
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27 Feb 2017

If the Trump Administration does away with H-4 EADs, what options do we have?

Answer As of the time of this writing, the Trump Administration has not taken any actions to modify or eliminate the H-4 EAD program. Further, even if the Administration decides to cancel the program, this would very likely require a formal rule-making process, which would take...

13:21 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
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27 Feb 2017

We are filing an H1B extension for the same position at the same job location. Do we need to get a new LCA?

Answer An H1B requires a valid (unexpired) LCA in all cases. If the existing LCA is not expired, it could be re-used. But the H1B could only be approved for the duration of the LCA. (27.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...

13:19 / FAQs / Worker
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20 Feb 2017

Will there be any reduction in H1B available under the cap for 2018?

Answer The H1B visa count remains unchanged. (20.Feb.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 here. Copyright © 2017, MURTHY LAW FIRM. All Rights Reserved...

08:49 / FAQs / H1B / Worker
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20 Feb 2017

Can I choose to remain in H-4 status even after my H1B is approved?

Answer If the H1B is approved as a change of status (with an I-94 card attached), then one loses the existing status as of the effective date. If the H1B is approved for consular processing only, however, this would not impact one's current status. (20.Feb.2017)In frequent...

08:46 / Employment Based / FAQs / Resident / Worker
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