This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that enough initial registrations were submitted to the fiscal year 2023 (FY21) H1B cap, including the advanced degree exemption (master’s cap). The online accounts now will show one of the following for each registration:Submitted...
Answer No, there normally would be no need to withdraw a family-based case for someone who is applying for an H1B visa. A pending family-base case typically would have no impact on the H1B visa process. (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Ordinarily, a person may not enter the U.S. in B-1 status with the intention of then applying for a change to H1B status. (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer Ordinarily, if a person enters using AP, that individual is not considered to be in H1B status. (17.Mar.2022)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 © 2022, MURTHY...
Answer It is possible, but this can raise issues. The ownership interest must be disclosed on the I-129. Further, as with all H1B petitions, one must be able to demonstrate a valid employer-employee relationship.In general, when the H1B worker is a minority shareholder, demonstrating a valid...
Answer This is a fairly common issue that arises at U.S. ports of entry. We typically recommend contacting a U.S. Customs and Border Protection (CBP) deferred inspection site to request that the I-94 be corrected.Note that, in situations like these, it is virtually impossible to prove...
Answer Eligibility for E-1/E-2 and TN categories generally is based on country of citizenship. So, an Indian-born Canadian citizen typically is eligible to apply for either visa, assuming those nonimmigrant visa requirements otherwise are met. (10.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
The Office of Information and Regulatory Affairs has completed its review of a final rule that would make premium processing available to additional categories of immigration benefits. The text of the rule has not yet been released, but, if implemented, the rule may make premium...
Answer There is no way to know ahead of time what the odds are of being selected in the H1B lottery. It will depend on the total number of registrations submitted for prospective H1B workers. (03.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer There is no requirement that a foreign national be in L1A status before being sponsored for a green card through the EB1(c) category. Being in H1B status would not prevent an employer for filing an EB1(c) case on your behalf, assuming you meet all the...
