Answer If a denied petition is appealed, the case typically first goes back to the USCIS to review the appeal. The USCIS then has 45 days to determine whether to take favorable action on the case or to forward it to the Administrative Appeals Office (AAO)....
There are questions commonly on the minds of many MurthyDotCom readers regarding the effect of reentry into the United States on H1B or L-1 workers who also have approved advance parole (AP) based on a pending application to adjust status (form I-485). The law pertaining...
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....
Answer There is no specific wait time or time one must work in L1A status before an EB1(c) petition can be filed. If all the general requirements are met, the EB1(c) case normally can be filed at any time. In fact, it is possible to qualify...
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...
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...
The U.S. Citizenship and Immigration Services (USCIS) recently announced that it has received sufficient filings to reach the cap for the additional H2B visas made available to returning workers. Since the number of petitions received in the first five business days of filing exceeds the...
This morning, the U.S. Department of State (DOS) released the July 2022 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all...
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 in the archive of our teleconferences and podcasts on...
Any company that employs H1B workers is obligated to create and maintain a public access file (PAF) for each employee in H1B status. The following is a general overview of some of the key documents that should be found in PAFs. Public Access Files: Creation and...
