Worker Archives - Page 175 of 215 - Murthy Law Firm

25 Jan 2016

My H1B was picked in the lottery last year, but it is still pending. My employer says it is tied up because of a security clearance and, therefore, cannot be moved to premium. Is this common? Any options?

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...

14:51 / FAQs / Worker

25 Jan 2016

Can a person with an EAD based on a pending I-485 work only part time?

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...

25 Jan 2016

I am in H-4 status and wish to go to India for a few months. A company is going to sponsor me for an H1B position for this year’s lottery. Do I need to come back to the U.S. before the H1B is filed?

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...

14:48 / FAQs / Travel / Worker

25 Jan 2016

Details on Added Fees for Certain H1B and L-1 Petitions

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...

08:12 / For Employers / H1B / L-1 / Legislation / NewsBrief / USCIS News

20 Jan 2016

Time to Plan for the FY17 H1B Cap Season

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...

08:07 / For Employers / For Individuals / H1B / NewsBrief

18 Jan 2016

Can you file H-4 using premium processing concurrently with an H-4 EAD?

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....

16:30 / Employment Based / FAQs / Resident / Worker

18 Jan 2016

My application to change from H1B to H-4 has been pending for a few weeks. Is it too late to withdraw this application?

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...

16:29 / FAQs / Worker

18 Jan 2016

Can a person with an H-4 EAD work in any field?

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...

16:27 / Employment Based / FAQs / Resident / Worker

11 Jan 2016

If a person with a pending I-485 and an EAD loses her job, what are the options?

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...

10:32 / Employment Based / FAQs / Resident / Worker

11 Jan 2016

Is it possible to apply directly for a green card while on the Australian E-3 visa?

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....

10:30 / FAQs / Worker

Murthy Law Firm

My H1B was picked in the lottery last year, but it is still pending. My employer says it is tied up because of a security clearance and, therefore, cannot be moved to premium. Is this common? Any options?

Can a person with an EAD based on a pending I-485 work only part time?

I am in H-4 status and wish to go to India for a few months. A company is going to sponsor me for an H1B position for this year’s lottery. Do I need to come back to the U.S. before the H1B is filed?

Details on Added Fees for Certain H1B and L-1 Petitions

Time to Plan for the FY17 H1B Cap Season

Can you file H-4 using premium processing concurrently with an H-4 EAD?

My application to change from H1B to H-4 has been pending for a few weeks. Is it too late to withdraw this application?

Can a person with an H-4 EAD work in any field?

If a person with a pending I-485 and an EAD loses her job, what are the options?

Is it possible to apply directly for a green card while on the Australian E-3 visa?

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