11 Mar 2024

April 2024 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2024 Visa Bulletin. This month's visa bulletin also provides some predictions for movement in the coming months. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa...

06 Mar 2024

I am on H1B and, when I joined my current employer, I agreed to provide 4-weeks’ notice if I was going to move to a new employer. I get a job offer that wants me to start in 2 weeks. If I do not give the full 4-weeks’ notice, would that be a violation of my H1B status?

Answer There is no requirement under immigration law to provide notice before moving to a new H1B employer. If there is a contract between the employer and the H1B worker, a breach of contract generally would be a civil matter - not viewed as a violation...

06 Mar 2024

I have about 11 months of H1B time remaining before I max out. If I leave the U.S. for 1 year, and then return in H1B status, would I be eligible for another 6 years of H1B time?

Answer If you have H1B time remaining, it generally is possible for an employer to file an H1B petition on your behalf requesting the remaining period of H1B time. To be eligible for a new 6-year period of H1B time, however, one would have to be...

28 Feb 2024

I am currently on H1B, with my I-94 valid through 2026, and my employer had advised me I am eligible to take 3 months of unpaid leave through the Family and Medical Leave Act (FMLA). If, at the end of my leave, I decide to change to H-4 status (or change employers), is that permissible?

Answer An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period, even...

26 Feb 2024

EB2 or EB3: Understanding the Difference

The Murthy Law Firm periodically receives questions from those who do not know the categories of their pending employment-based permanent residence ("green card") cases. This is a useful piece of information, which determines timeframes and options for an individual or family. While generally available from...