Answer Typically, one can continue working on an approved, un-revoked H1B if one's change-of-employer H1B is denied, unless the USCIS specifically makes a determination that one is "out of status" and is required to depart the U.S. (20.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer This has never been completely clear. Some attorneys are of the opinion that approval of a cap-subject H1B petition (as long as it is not revoked before October 1st) means that one is counted against the cap. However, the Immigration and Nationality Act talks about...
The Murthy Law Firm continues to receive inquiries from those concerned about whether the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) will be altered, or even terminated. For the time being, the H-4 program remains unchanged. But, there have...
The U.S. Citizenship and Immigration Services (USCIS) is cautioning employers that official requests to review employment eligibility verification (form I-9) records are never sent by eMail. The USCIS reports that criminals are using a fraudulent eMail address - news@uscis.gov - to demand I-9 records from...
On October 20, 2017, the U.S. Department of Homeland Security's Office of Inspector General (OIG) released a report criticizing the U.S. Citizenship and Immigration Services (USCIS) Administrative Site Visits and Verification Program (ASVVP) and the use of targeted site visits. The report, entitled "USCIS Needs...
The U.S. Department of State (DOS) and the U.S. Department of Justice (DOJ) recently announced that they have formalized a partnership to facilitate information sharing between the agencies. This interagency cooperation is being undertaken with the stated goal of protecting U.S. workers and combating fraud...
Answer Virtually any employer can file an H1B petition, assuming that they have specialty occupation work available and have an IRS employer identification number. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
On October 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum affecting most nonimmigrant workers. This new policy memorandum rescinds a 2004 policy memo and portions of a 2015 policy memo that gave deference to previously approved petitions. The new policy...
Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) filing address for a petition for a nonimmigrant worker (form I-129) will be determined based on the state where the petitioning employer's primary office is located. This is a change from the previous policy, which required...
Answer No, not all nonprofits qualify to hire cap-exempt H1B workers. In general, nonprofit and government research organizations qualify. Not-for-profit universities and their nonprofit affiliates are also cap exempt. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
