Answer In order to file for H1B based upon having spent a year abroad, it is necessary to qualify at the time of filing in April. Thus, it is already too late to qualify for the April 2017 cap season (assuming a lottery is necessary). Whether...
Answer If the case was improperly denied, there is an option to file a motion to reopen / reconsider or an appeal within 30 days of the denial. Unless the case is approved, though, one would typically need to reapply the following year through the lottery....
On June 13, 2016, the Murthy Law Firm received the first few packages containing H1B filings returned as not having been selected in the fiscal year 2017 (FY17) random H1B lottery. More than a month has elapsed since the firm last received any new H1B...
Answer Generally speaking, it is possible to file an I-485 after one's I-94 has expired and an H1B extension is pending. However, in order for the I-485 to be approved, there cannot be a gap of more than 180 days between the filing and an approved...
Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer There is nothing particularly new in this regard, other than what was posted a while ago about the OMB process. These things take a lot of time and need multiple internal government approvals. But, even if the rule is finalized, you should review our NewsBrief...
Answer If the H1B visa "stamp" is unexpired, it can be used to reenter with a new employer's I-797 petition approval. It is possible to travel with a new passport and use a visa in an old, expired passport. Just show both documents to the immigration...
The U.S. Citizenship and Immigration Services (USCIS) annual H1B cap lottery selection results are life changing for many foreign nationals. The exact selection process, however, remains a mystery. The American Immigration Council (AIC) and the American Immigration Lawyers Association (AILA) have filed a lawsuit that...
Answer The NIW and the J-1 (Conrad) waivers serve two different purposes. The NIW is a green card filing that waives the requirement of a PERM labor in the GC process. The Conrad 30 waives the J-1 2-year home residency requirement (HRR) for physicians. People subject...
Answer If one is eligible for NIW, it can be a good option, as it is not employer / job specific. The NIW is based on the intention to keep working in the field of expertise. (06.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other...
