In May 2015, a regulation was implemented to finally allow at least some H-4 dependent spouses to obtain work authorization. Given that the program has been in place for nearly a decade, seasoned H1B workers and H-4 dependents are typically aware of the requirements to...
The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB1(a) category as persons of extraordinary ability (EA). In one such case, the immigrant petition (form I-140) was filed for an expert in the field of computer networking and information...
Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)Sheela Murthy...
Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one's spouse for purposes of applying for an H-4...
When a PERM labor certification case is filed, the employer must state the minimum education and/or experience requirements for the sponsored position. If the employer requires a higher level of education and/or experience than what the U.S. Department of Labor (DOL) considers normal for the...
Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...
This afternoon, the U.S. Department of State (DOS) released the June 2024 Visa Bulletin. There is little-to-no forward movement in any of the employment-based categories from the previous month. Worse still, the DOS warns of retrogression coming in the near future. All cutoff dates listed...
The U.S. Citizenship and Immigration Services (USCIS) recently announced the incorporation of the U.S. Department of Labor's (DOL) definition of "science or art" into its policy manual for Schedule A, Group II cases. The policy change goes into effect immediately. Background An employer sponsoring a foreign national...
The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning,...
Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...
