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30 Nov 2015

Is it possible to change to H1B status after completing 5 years in L1A status?

Answer Yes, but thought must be given to the H1B timing. The L-1 time counts against the H1B six-year limit. So, a person who spent 5 years in L1A status would typically only have one year of H1B time available. The H-1 could be extended beyond...

13:48 / FAQs / Worker
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30 Nov 2015

Can an employer file GC for an employee on L-2? If so, can the L-2 worker’s stay in U.S. be extended as in case of H1B workers?

Answer Yes, an employer could file a GC case for an L-2 employee working on EAD. However, the L-1 and L-2 categories do not have the same extension provisions as the H1B category. So, the GC filing would not make the L-2 eligible for more time;...

13:44 / Employment Based / FAQs / Resident / Worker
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23 Nov 2015

I was just laid off. Will I be out of status even though the company is running payroll and has not informed the USCIS?

Answer Generally speaking, the H1B status ends when the job ends. If the employer has terminated the employment; that is the end of the status. While the employer is supposed to notify, failure to do so doesn't preserve status. (23.Nov.2015)In frequent sessions of our Chat, Sheela...

13:33 / FAQs / Worker
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23 Nov 2015

My H1B status expires next month, and I just filed my I-485. Can I stay in the U.S. based on the pending I-485, or do I need to extend my H1B status?

Answer An individual who has a properly filed I-485 may remain in the U.S. based upon that filing. This is considered a "period of authorized stay." There is no requirement that the H1B status be extended, but it is often advisable to do so to provide...

13:21 / FAQs / Worker
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23 Nov 2015

What are the Murthy Law Firm’s thoughts on the I-140 EAD rule? Any chance it will be implemented in the near future?

Answer We always support positive immigration reform, including the opportunity for I-140 beneficiaries (and spouses!) to apply for EADs. There appears to be some action on this matter, but it is very difficult to judge if or when it may occur and, if so, what the...

13:16 / Employment Based / FAQs / Resident / Worker
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23 Nov 2015

Can I collect unemployment benefits while in the U.S., based on a pending I-485?

Answer Whether you are eligible for unemployment benefits is a matter of state law. But, if one is eligible, taking such benefits does not create immigration public charge issues. Unemployment is insurance; it is not a "means tested public benefit." (23.Nov.2015)In frequent sessions of our...

12:47 / Employment Based / Family Based / FAQs / Resident / Worker
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23 Nov 2015

H1B “Remainder” Approvals, Even After Long Absence from U.S.

The Murthy Law Firm has received many inquiries from those seeking advice on returning to the United States in H1B status after having used only a portion of the six years of H1B status generally allowed. In a typical scenario, the individual obtains the H1B...

08:31 / For Employers / H1B / NewsBrief
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20 Nov 2015

NewsFlash! Proposed Rule Related to AC21 Sent to OMB, Few Details Available

On November 19, 2015, the U.S. Department of Homeland Security (DHS) submitted a proposed rule, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-B Alien Workers," to the Office of Management and Budget (OMB). No specifics are provided regarding...

10:31 / Employment Based / For Individuals / H1B / Immigrant Petition (I-140) / NewsBrief
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16 Nov 2015

I have an approved I-140 and have been in H1B status for 9 years. If I move to a new employer, can my H1B be extended another 3 years or just 1 year?

Answer If the priority date (PD) is not current for the I-140, then it is possible to extend for another 3 years with any employer. If the PD is current, then the extension would typically be limited to 1-year increments. (16.Nov.2015)In frequent sessions of our Chat,...

14:12 / Employment Based / FAQs / Resident / Worker
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16 Nov 2015

Can I change to a new employer while my spouse’s change-of-status application from H1B to H-4 is pending?

Answer Generally speaking, a job change on H1B is possible when the H-4 COS is pending. The H-4 is spouse specific, not specific to the H1B worker's job. However, if s/he is also applying for an EAD, your spouse may encounter problems in the job change...

13:18 / Employment Based / FAQs / Resident / Worker
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Owings Mills, MD 21117 USA
410.356.5440

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