Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer The fact that a company is a start-up with only one employee would not prevent that company from filing and H1B registration. As with any company, the petitioner must have qualifying work available for the foreign national, and the position and beneficiary must meet the...
Answer Generally speaking, a person in H1B status is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions normally may be unpaid without violating one’s H1B status. (29.Dec.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
The U.S. Department of State (DOS) has released the January 2023 Visa Bulletin. With the exception of retrogression for China and India in the employment-based, first preference (EB1) category, there little-to-no movement in any of the employment-based categories. All cutoff dates listed refer to those...
Prior to there being a material change in an H1B employee's working conditions, the employer is ordinarily required to file an H1B amendment. It is not always clear whether a particular change is "material," but, in the context of a change in an H1B employee's...
As we approach the end of another new year, now is a good time for employers to review a number of immigration-related matters and documents to help ensure smooth business operations in 2023. It is always advisable to engage in internal audits to identify and...
Answer The earliest start date on a cap-subject H1B petition typically is October 1st of that year (which is the first day of the new fiscal year). To start earlier, it may be possible to work concurrently for the cap-exempt and cap-subject employers, but a petition...
Options for those whose employment has unexpectedly ended are discussed by Murthy Law Firm attorneys in this podcast from 07.Dec.2022. The strategies discussed include change of employer in H1B status, change of status to B, and filing a compelling circumstances EAD.The MP3 is available here...
As is painfully evident for many, the process of sponsorship for permanent residence (commonly referred to as a "green card") via employment can be extremely lengthy. The timeframes, from initiation of the PERM labor certification (PERM LC) application with the U.S. Department of Labor (DOL)...
Answer A pending motion to reopen, motion to reconsider, or appeal does not normally provide the foreign national with any status protection benefits. If the underlying case is reopened and approved, the gap in status may be cured. If, however, the original decision is upheld, the...
