Worker Archives - Page 78 of 222 - Murthy Law Firm

10 Mar 2021

USCIS to Allow Certain I-485 Derivative Applicants to Re-file Rejected Applications

In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part...

08 Mar 2021

H1B “Master’s Cap” Pitfalls: Cautionary Reminder

With the arrival of fiscal year 2022 (FY22) H1B cap season, foreign nationals and employers should be aware of some important nuances of the H1B advanced-degree exemption, often referred to as the "master's cap." Clearly, the 20,000 H1B cap exemptions can be quite valuable for...

08:06 / For Employers / NewsBrief / Student / Worker

04 Mar 2021

I am working in H1B status, and I enjoy writing short stories in my free time. Is it considered unauthorized employment if I submit a story to a magazine and it gets published? Does it matter if I am paid a small fee?

Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...

15:19 / FAQs / For Individuals / Worker

04 Mar 2021

I am on OPT and am employed by an accredited, nonprofit university. The university is going to sponsor me for an H1B position. Do they need to follow the H1B cap timelines?

Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...

15:15 / FAQs / For Individuals / Student / Worker

26 Feb 2021

Congress Proposes Bill to Transform U.S. Immigration System

On February 18, 2021, the U.S. Citizenship Act of 2021 (USCA) was introduced in both houses of Congress. This bill, which is modeled after a proposal laid out by President Joe Biden, would fundamentally transform the U.S. immigration system. However, this bill has a long...

12:37 / Citizen / For Employers / For Families / For Individuals / Legislation / NewsBrief / Resident / Worker

25 Feb 2021

My H-4 extension has been pending for many months. Is it true that if it is not approved within 240 days, I can no longer stay in the U.S.?

Answer No, this is not correct. The 240-day rule does not apply to H-4 dependents, and it is not related to how long a person may stay in the U.S. Rather, the 240-day rule relates to work authorization in certain nonimmigrant categories, such as H1B, when...

08:54 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker

25 Feb 2021

Can two different companies submit H1B registrations for me in the upcoming lottery?

Answer It is possible for an individual to be registered for the lottery by more than one U.S. company. However, a company cannot file multiple registrations for the same individual. Similarly, related or affiliated companies are not allowed to submit registrations for the same beneficiary, unless...

08:51 / FAQs / For Employers / For Individuals / Worker

24 Feb 2021

NewsFlash! E-3 Petitions Now Eligible for Premium Processing

The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective immediately, petitioners may request premium processing service for E-3 petitions. The request for premium processing can be made by submitting form I-907 along with the filing fee of $2,500.The E-3 visa category is a...

15:42 / For Employers / For Individuals / NewsBrief / USCIS News / Worker

22 Feb 2021

H1B Workers Denied Entry Based on Perceived Inconsistencies in Resumes

Foreign nationals requesting admission (or readmission) to the United States in H1B status, especially those serving as consultants in the IT industry, continue to face scrutiny from U.S. Customs and Border Protection (CBP) officers stationed at U.S. ports of entry. One tool CBP officers frequently...

08:36 / For Employers / Homeland Security / NewsBrief / Worker

18 Feb 2021

My H1B extension was approved months ago, but my wife’s H-4 extension is still pending. My employer is filing an H1B amendment for me. Will this impact my wife’s pending H-4?

Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension. (18.Feb.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 LAW FIRM. All Rights Reserved...

13:05 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker

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