02 Dec 2021

Employer A filed a registration for me, which was selected. I am currently working for Employer B. Would it be possible to work for both Employer A and Employer B at the same time?

Answer Yes, this may be possible. Employer A would need to file the cap-subject H1B petition and get it approved. Assuming it is approved, immigration law generally would permit Employer B to file an H1B petition requesting concurrent employment.  (02.Dec.2021)Sheela Murthy and other senior attorneys provide...

02 Dec 2021

The employer that submitted my H1B registration still has a job available for me, but it is only for about 20 hours per week. Is that allowed?

Answer Yes, it normally is possible to file an H1B petition requesting part-time employment. (02.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2021, MURTHY LAW FIRM. All Rights...

24 Nov 2021

My previous employer filed a registration for me in March. It was selected in the third round of the lottery. Can I transfer it to my current employer, and have them file the H1B petition for me? My previous employer is ok with this.

Answer No. Generally speaking, the registration cannot be transferred to a different employer. (24.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved...

18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

11 Nov 2021

I filed an EB3 downgrade case, and my I-485 is still pending. I read online that, if my EB2 case becomes current and my I-140 was filed as a new petition rather than as an amendment, the USCIS will automatically adjudicate my case as EB2. Is that correct?

Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...