14 Oct 2021

November 2021 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the November 2021 Visa Bulletin. This month's visa bulletin includes some bad, but not unexpected, news regarding retrogression in the employment-based, third preference (EB3) category. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for...

14 Oct 2021

I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?

Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

14 Oct 2021

I am on F-1 OPT. My H1B was recently approved for consular notification, with no I-94 attached. Is it possible to get my H1B visa stamping done without leaving the U.S.?

Answer No, ordinarily, it is not possible to apply for a visa "stamp" from within the United States. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2021, MURTHY...

13 Oct 2021

USCIS Published FAQs on Bona Fide Determination Process for Pending U Visa Petitioners

The U.S. Citizenship and Immigration Services (USCIS) has provided answers to a number of frequently asked questions (FAQs) on its newly implemented bona fide determination process for pending U nonimmigrant applications. As reported in the MurthyDotCom NewsBrief, Employment Authorization Available for Pending U Visa Petitioners...

07 Oct 2021

I am working for employer A, and employer B filed a change of employer petition for me. While that petition was pending, I received a better offer from employer C. Employer C filed a change of employer petition for me, and then both change of employer petitions were approved. Do I need to join employer B before I can join employer C?

Answer Assuming all three employer's petitions remain valid, it typically would be permissible to work for any of the employers. So, no, it would not be necessary to join employer B before joining employer C. (07.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the...