24 Jul 2024

My employer filed an I-140 for me, which is currently pending. I have only spent about 60 days in total in the U.S. since the I-140 was filed. Is there a rule that I must complete at least 180 days in the U.S. in order for the I-140 to be approved?

Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at all...

17 Jul 2024

I am a partner at a medium-sized generics pharmaceutical company in India. We also have a small operation in the U.S. Are there any visa categories, other than H1B, that can be used for us to bring workers to the U.S.?

Answer Yes, the most likely category is L1A for managers and executives and L1B for employees with specialized knowledge. In recent years, the Murthy Law Firm has been working with a growing number of companies involved in generic pharmaceuticals to help them file L-1 petitions. The...

10 Jul 2024

My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...

10 Jul 2024

I am currently on H1B status. A good friend of mine owns a business, and he has offered to have his business file a PERM case for me. Is this allowed?

Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...