Today, a federal district court held that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) violated the Administrative Procedures Act in issuing regulations that failed to go through the normal rulemaking process.The DOL rule was published on October 8,...
The U.S. Department of State (DOS) has published a notice of proposed rulemaking that, if finalized, would eliminate the B-1 in lieu of H classification. This category is intended to permit foreign companies to send their employees to the United States temporarily, for the purpose...
Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...
Answer Ordinarily, if you are travelling on H1B (i.e., will be returning with a valid H1B petition and H1B visa "stamp,") this will not impact the pending I-485 or the pending EAD application. However, the AP application will normally be denied if you travel before it...
Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...
The proposed new H1B Regulations regarding specialty occupation, employer-employee relationship, and increased vetting of employers who employ H1B workers are discussed in this podcast, recorded following the 2020 election in November. Murthy Law Firm attorneys also discuss the Interim Final Rule on higher Department of...
Answer Even without an H1B approval, if a person is not physically in the United States, U.S. immigration law would not normally prevent that person from performing work for a U.S. company. (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Answer Yes, ordinarily, having an H-4 EAD would not prevent a person from being able to also apply for an EAD based on a pending I-485. (12.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer No, this service is not yet available. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. The same holds true for the other categories that should eventually be granted premium processing, including...
