09 Jan 2020

My H1B extension has been pending for a few months, and is beyond the “receipt date for a case inquiry” posted on the USCIS website. I asked my employer to check with the USCIS on the case, but they would like to give it more time. Can I contact USCIS to check on the case?

Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

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...