Answer Anyone who obtains a U.S. master's degree (or higher) from an accredited, not-for-profit college or university can file in the master's cap. It is the degree that matters, not the status held when obtaining the degree. H-4s are eligible to attend school, so that is...
The U.S. Citizenship and Immigration Services (USCIS) has issued final guidance specifying the requirements for filing amended H1B petitions based on changes in worksite location. This guidance makes some concessions to employers of H1B workers, in response to concerns raised following the May 2015 issuance of initial...
Maria M. Odom, the Citizenship and Immigration Services Ombudsman (CIS Ombudsman), has submitted her office's 2015 Annual Report to Congress. This annual report includes lists of problems within the immigration system identified by the CIS Ombudsman's office, as well as recommended solutions. Background on the CIS Ombudsman The...
Answer No, if a foreign national is trying to change from L-1 to H1B, s/he needs to be counted against the cap. The only exceptions are for cap-exempt employers. There are no other special exemptions, even after the I-140 approval. (27.Jul.2015)In frequent sessions of our Chat,...
Answer Yes, this potentially is possible. But, this should be discussed with an attorney during a consultation. There are some strategies that we use in these cases, as this situation arises every year. (27.Jul.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
AnswerThe notice is sent to the employer, not the individual. The USCIS may update the online case status to show the revocation, but that is not always accurate. Otherwise, this information often comes to light when one requests something based on the I-140 and knows...
Answer The consulates generally have expected properly amended petitions - reflecting the current state of affairs with the updated position, location, and client - prior to the visa "stamping." It is always best to go to the consulate with everything in good, proper order. (27.Jul.2015)In frequent...
On July 15, 2015, the White House released a report outlining recommendations for changes to the U.S. immigration system, in order to "…bring the system into the 21st century." The report identifies avenues for making improvements to the immigration system and is titled, Modernizing and Streamlining...
Murthy Law Firm attorneys discuss recent trends in visa applications, including fee increases and common issues that can result following a visa refusal or denial. They cover strategies for employers and visa applicants to overcome these hurdles and answer frequently asked questions about visa processing....
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that provides final guidance on when an amended petition is required following the relocation of an H1B worker. The memo extends the deadline for employers that need to file amended H1B petitions, and...
