20 Dec 2019

January 2020 Visa Bulletin: Updated Predictions

The U.S. Department of State (DOS) has released the January 2020 Visa Bulletin. This month's visa bulletin also includes predictions for cutoff date movement in the coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Employment-Based,...

12 Dec 2019

Employer B filed an H1B change of employer petition for me, and it was just approved. I now wish to remain with Employer A. Is that possible?

Answer Generally speaking, there is no requirement that the beneficiary move to the new employer once the H1B change of employer has been approved. As long employer A's approved H1B petition remains valid, the H1B worker typically is permitted to remain with that employer. (11.Dec.2019)Sheela Murthy...

02 Dec 2019

USCIS Proposal for Substantial Fee Increase and Imposition of New Filing Fees

As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of...

27 Nov 2019

I was in H1B status and, right before my I-94 expired, I applied for a change of status to H-4. Two weeks later, my former employer sent me my final paycheck. Is it a problem that I am receiving this payment even though I am no longer in H1B status?

Answer Generally speaking, so long as the foreign national was in valid H1B status at the time the work was performed, being paid after the H1B expiration date would not be a violation of immigration law. (27.Nov.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

27 Nov 2019

I am in H1B status, and my wife and child are in H-4. My employer asked me to travel to India for three weeks to provide some training at the parent company. Can my wife and child stay in the U.S. for the duration of my trip?

Answer The USCIS may limit, deny, or refer for removal an H-4 dependent who is not primarily intended for the purpose of being with the principal worker in the United States. Further, USCIS officers may adjudicate applications for dependent stays in order to prevent an H1B...