Worker Archives - Page 54 of 222 - Murthy Law Firm

20 Oct 2022

My wife and I are Canadian, and she is coming to the U.S. to work in H1B status. I work as an engineer for a Canadian company, and my employer allows me to work remotely. Could I work for the Canadian company from the U.S. in TN status?

Answer In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a...

19 Oct 2022

Agents as Petitioners for O-1 Petitions

The O-1 nonimmigrant category is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O1A), or who have a demonstrated record of extraordinary achievement in the motion picture or television industry (O1B). Unlike most other nonimmigrant visa categories, where...

07:36 / For Employers / For Individuals / InfoArticle / NewsBrief / Worker

13 Oct 2022

Is it true that I soon will be able to apply to renew my H1B visa stamp without leaving the United States?

Answer While there is a push to implement a system that would allow H1B workers to obtain an H1B visa "stamp" from within the United States, it seems unlikely this will happen in the near future.President Biden’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific...

08:53 / FAQs / For Individuals / Travel / Worker

05 Oct 2022

I am a U.S. citizen and am sponsoring my brother for a family-based green card. Will the pending I-130 prevent him from being issued an H1B?

Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person's ability to apply for H1B status. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

18:23 / Family Based / FAQs / For Individuals / Resident / Worker

05 Oct 2022

I am in H-4 status and my husband has an approved I-140. I recently gave birth to our first child, and I have no intentions of working for the foreseeable future. As a precaution, however, I was considering applying for an H-4 EAD. Is this permitted even if I may never use the EAD?

Answer Yes, this is allowed. The H-4 EAD provides the individual with unrestricted work authorization, but it does not require that the person actually work. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

18:17 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Worker

03 Oct 2022

H2B Cap Reached for First Half of FY2023

The U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient filings to reach the congressionally mandated H2B cap for the first half of fiscal year (FY) 2023. Any cap-subject H2B petitions received by the USCIS after September 12, 2022 requesting a...

09:09 / For Employers / For Individuals / NewsBrief / Other Work Statuses / Worker

29 Sep 2022

My H1B is valid for a couple of more months, and I have an EAD based on my pending I-485. Do I have to maintain H1B status until the green card is issued?

Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.That being...

16:34 / FAQs / For Individuals / Resident / Worker

29 Sep 2022

I have a PERM case pending that is under audit. Can an employer file another PERM case for me now, or do we have to wait for the audit to be completed?

Answer That depends upon whether the second PERM is with the same company or not. If the second PERM is with a different company, there is no problem. Otherwise, companies are not supposed to file two PERMs and have them pending for the same person at...

16:20 / Employment Based / FAQs / For Employers / For Individuals / Worker

26 Sep 2022

H1B Cap Exemptions for Physicians

A large percentage of foreign nationals who come to work as physicians in the United States do so pursuant to H1B status. Ordinarily, the foreign national must be counted against the H1B cap before that individual is eligible to work in H1B status. This usually...

16:10 / For Employers / For Individuals / H1B / InfoArticle / Medical / NewsBrief / Physicians / Worker

22 Sep 2022

My employer is filing an L1B for me so that I can continue working on a project involving our proprietary software. Initially, I will be working at our headquarters. But, at some point, I likely will need to work at the client location for some months to finish installing and modifying the software. Is this allowed while on L1B?

Answer It is possible for an L1B employee to be placed at a third-party work location. However, this needs to be indicated on the L1B petition, and the employer must demonstrate that it will maintain a qualifying employer-employee relationship with this L1B worker. (22.Sep.2022)Sheela Murthy and...

06:52 / FAQs / For Employers / For Individuals / Worker

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