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23 Jun 2022

I have a BS in computer science and an MBA. My H1B registration was selected in the master’s cap, based on my MBA. My employer is now filing the H1B petition, but listed that the position requires at least a BS in computer science. Are they required to list the MBA as the minimum requirement? Will this create any problems with petition?

Answer The degree used to qualify for the master's cap does not have to be the same degree listed for the minimum education requirement in the H1B petition. If the position requires a BS in computer science, that is what should be listed on the petition....

07:45 / FAQs / For Employers / For Individuals / Worker
15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

21:07 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
15 Jun 2022

My H1B cap case was approved in 2014. After getting my H1B visa stamped, however, the company ran into financial problems. I ended up not ever coming to the U.S. in H1B status. I now have found a different company in the U.S. willing to hire me. Do I have to wait for next year’s lottery, or can the H1B be filed now?

AnswerThe USCIS technically considers a foreign national counted against the numerical H1B cap if he is granted a change of status to H1B, or if he is issued an H1B visa from a U.S. consulate abroad. Since you were issued an H1B visa, it should...

21:03 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker
10 Jun 2022

MurthyAudio: L1A/L1B Overview

An overview of nonimmigrant L1A/L1B options as well as tips for filing and responding to requests for evidence (RFEs) are provided by Murthy Law Firm attorneys in this teleconference from 01.Jun.2022.The MP3 is available here, and will soon appear in the archive of our teleconferences...

08:14 / For Employers / For Individuals / NewsBrief / Worker
02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:07 / Employment Based / FAQs / For Employers / For Individuals / Resident / Student