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...
Answer A person with an H-4 EAD can work in virtually any field. This is unrestricted work authorization. It can be full time or part time; the person can be self-employed, work as a W-2 employee, or work as a 1099 independent contractor. As long as...
Answer The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21...
Answer Yes, a company (or appropriate family member) could file a GC case for an E-3. The process typically is the same for most employment-based GC cases - PERM I-140/I-485. It would be important to consider timing with E-3 renewals, but it likely could be done....
Answer Many small companies and startups file H1B petitions. Any U.S. company can file. The basic requirement is that the company must be able to show that it has a proper H1B position available (i.e. a job that requires a bachelor's degree in a field of...
In recent years, employers filing H1B petitions have experienced tougher adjudication standards. The restrictive interpretation of critical H1B elements requires the submission of extensive evidence in many cases. At the Murthy Law Firm, we receive calls on a daily basis from employers struggling to answer...
Answer If a request to change status has been timely filed, it is permissible to remain in the U.S. while the application is pending. Timely filed means filed while still holding a valid status - such as H1B. So, based on the information given, and assuming...
