Many inquiries regarding the projected timeline for fiscal year (FY) 2017 H1B cap case milestones continue to reach the Murthy Law Firm. While most applicants are aware that they can begin filing H1B cap-subject cases on the first business day in April each year, there...
The U.S. Citizenship and Immigration Services (USCIS) has acknowledged noticeable delays in processing H1B petitions. The American Immigration Lawyers Association (AILA) raised concerns over these delays in a call with USCIS Service Center Operations (SCOPS) on February 3, 2016. A prime cause of the delays...
Answer In order to become eligible for another six years of H1B time, a person must spend a year outside of the United States. It is not sufficient to simply spend a year (or more) in the U.S. in another status like F-1. (08.Feb.2016)In frequent sessions...
Answer If a person wishes to enter using an unexpired H1B visa, there must also be a valid H1B petition and a corresponding H1B job. The visa, even though unexpired, is only appropriate if one is properly eligible to enter as an H-1 - which means...
Answer This is a tricky area. H1B workers can only work for the H1B employer. Passive investment is permitted (e.g., buying stock in a company). Other revenue generating activities can be considered unauthorized self-employment. For many such activities, the rules are not entirely clear as to...
The rule proposed by the U.S. Department of Homeland Security (DHS) on December 30, 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, includes a number of different provisions. While parts of the proposed rule are disappointing,...
Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...
Answer In most situations, it is necessary for an employer to file an H1B petition. This filing would request a change of status from H-4 to H1B, and would be cap exempt (assuming the prior H1B was cap subject and that you still have H1B time...
As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) -...
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...
