04
Apr
2016
OPT Cap-Gap Extensions
This MurthyDotCom NewsBrief has been updated. Please find the latest version at:https://www.murthy.com/2017/03/13/cap-gap-extensions-of-f-1-status-and-opt/ Copyright © 2016, MURTHY LAW FIRM. All Rights Reserved...
31
Mar
2016
NewsFlash! FY17 H1B Cap Season Kicks Off on April 1st
Beginning tomorrow, April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting cap-subject H1B petitions for fiscal year 2017 (FY17). The USCIS will continue to accept cap cases through April 7, 2016. It is widely expected that the number of petitions filed...
31
Mar
2016
SEVP to Issue Student Noncompliance Notice: Form I-515A
Starting April 1, 2016, the Student and Exchange Visitor Program (SEVP) will begin issuing 14-day termination notices to students who fail to submit requested additional documentation within the 30 days allowed following their admission to the United States. This information comes via an official notice issued...
28
Mar
2016
What are your predictions for this year’s H1B lottery?
Answer It is impossible to predict the number of cases that will be filed for this year's cap. But, based on what we are seeing with our clients, the numbers may be somewhat higher than last year. (28.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and...
21
Mar
2016
Am I legally obligated to disclose to my new employer that I am working based on an H-4 EAD?
Answer An employer has an obligation to complete form I-9 for all new hires to verify that the employee is authorized to work in the United States. The EAD would provide that documentation, but one would not have to provide the H-4 I-94. Of course, by...
14
Mar
2016
Can I travel to India while my H1B petition is pending?
Answer Yes, but if you travel with a change of status pending, the COS will be deemed abandoned and the case will be processed for consular processing. Therefore, in order to return in H1B status, one would typically need to apply for an H1B visa "stamp."...
14
Mar
2016
What happens to an H-4 EAD if the H1B spouse moves to a new employer?
Answer The H-4 and the H-4 EAD are not specific to the spouse's job. As long as the principal spouse maintains valid H1B status, a change to a new employer typically would have no impact on the H-4 EAD. (14.Mar.2016)In frequent sessions of our Chat, Sheela...
14
Mar
2016
I have spent more than 5 years in H1B and my PERM LC was just filed. If the PERM LC is approved when I have 1 month of H1B time remaining, can I file my I-140 and H1B extension at the same time?
Answer If an approved I-140 is needed to extend one's H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition,...
07
Mar
2016
Can one do volunteer work while in H1B status?
Answer Generally speaking, a person in H1B status should only work in a volunteer position if it is one that would ordinarily be filled by a volunteer. For instance, volunteering for a charity organization or to help at your child's school may be permissible. But, other...
07
Mar
2016
Can I apply for an H-4 EAD while my spouse’s H1B amendment is in process?
Answer Yes, generally speaking, an H-4 EAD can be requested while an H1B amendment is in process. (07.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...