For Employers Archives - Page 93 of 137 - Murthy Law Firm

17 Dec 2018

I worked in H1B status several years ago, but did not use the complete 6-year period. Is there a time limit for me to be able to use the remaining H1B time? Will I have to apply through the lottery again?

Answer There is no time limit to "recapture" unused H1B time. Generally speaking, if the full 6 years was never used, it would not be necessary to apply through the H1B lottery. (17.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

17 Dec 2018

When we filed my H1B petition, the contract for my current project was set to expire in January 2019. In responding to an H1B RFE, can we submit an updated contract with the same client / same project, but with a later end date?

Answer Yes, an extended contract generally could be submitted in response to an RFE. (17.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright ©...

11:35 / FAQs / For Employers / For Individuals / Worker

10 Dec 2018

What does it mean when the USCIS issues an RFE on an I-140 for “ability to pay?”

Answer Normally, when the USCIS issues an RFE on an I-140 asking about "ability to pay," the agency wants to see evidence that the Petitioner has had the cash / resources to pay the I-140 offered wage from the date the labor certification was filed. (10.Dec.2018)In...

11:43 / FAQs / For Employers / For Individuals / Resident

06 Dec 2018

NewsFlash! Bill Passed to Fund Federal Government Through Dec 21, 2018

Congress has passed a short-term bill to fund the federal government for two weeks. The federal budget is now extended through December 21, 2018. This bill also extends various immigration programs for the same time period, including the employment-based, fifth preference (EB5) regional center program.Congress...

13:51 / Consulates / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / USCIS News

06 Dec 2018

DHS Proposes Pre-Registration for Cap-Subject H1B Petitions

On December 3, 2018, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking that would establish a registration requirement for cap-subject H1B petitions (i.e., petitions filed in the H1B "lottery"). The proposed rule is intended to reduce the costs associated with...

12:53 / For Employers / Homeland Security / NewsBrief / USCIS News / Worker

03 Dec 2018

My H1B extension has been pending for months. Can I stay beyond 240 days from my I-94 expiration date?

Answer The 240-day rule relates ONLY to employment authorization. One with a timely-filed extension can remain in the U.S. until a decision is made on the petition.Note also that this rule ONLY applies to extensions with the same employer, not to amendments or change-of-employer petitions. (03.Dec.2018)In...

14:55 / FAQs / For Employers / For Individuals / Worker

03 Dec 2018

Are the education requirements listed on the H1B petition by my employer the same as those listed on the PERM and I-140?

Answer The H1B and the PERM/I-140 do not necessarily need to have the same job requirements. The I-140 is (technically) always for "future" employment (i.e. the job that one will perform upon receiving the green card). It does not need to be the same job. (03.Dec.2018)In...

14:52 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker

30 Nov 2018

DOL Makes Several Changes to LCA

The U.S. Department of Labor (DOL) has made several changes to the ETA form 9035 labor condition application (LCA). The changes primarily impact employers who place workers at offsite locations and employers that are H1B-dependent. Background on LCAs An approved LCA from the DOL is necessary in...

13:06 / For Employers / For Individuals / NewsBrief / Worker

30 Nov 2018

NewsFlash! DHS Issuing Proposed Rule to Require Pre-Registration for H1B Lottery

On Monday, December 3, 2018, the U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking in the Federal Register that, if enacted, would require employers filing cap-subject H1B petitions (i.e., petitions filed in the H1B lottery) to pre-register. The...

11:39 / For Employers / For Individuals / Homeland Security / NewsBrief / USCIS News / Worker

26 Nov 2018

Is it true that the USCIS is now setting unrealistic wages for certain senior IT staffing positions?

Answer The USCIS has no involvement is setting wages. H1B petitioners are required to pay the prevailing wage for a position, which can be ascertained using a variety of different wage surveys. Most employers utilize the U.S. Department of Labor wage data, which is available at...

14:25 / FAQs / For Employers / For Individuals / Worker

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