11 May 2023

I have used more than 5 years of H1B time and was recently laid off. I do not have an approved I-140, but, before being laid off, my employer reached the recruitment stage of my PERM case. If I find a new employer, is there a way to use that to extend my H1B beyond 6 years?

Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

11 May 2023

I was transferred to the U.S. in L-1 status a few weeks ago and just learned that I am going to continue getting paid in India, rather than being paid in the U.S. I will, however, be receiving the salary indicated in my L-1 petition. Is this allowed, or is it required that the U.S. company pay my salary?

Answer Generally speaking, it is permissible for an L-1 worker to be paid by the foreign entity rather than the petitioning entity in the United States. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

11 May 2023

My employer is filing my H1B cap case using regular processing. The hope is that the case will be approved before the requested October 1, 2023, start date. If it takes longer than expected, is it possible to change the case to premium processing after filing?

Answer Ordinarily, yes, it is possible to "upgrade" an H1B petition to premium processing at any time. (11.May.2023)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 © 2023, MURTHY LAW...

04 May 2023

With all the news about fraudulent / duplicate H1B registrations submitted this year, does this mean there will be a second H1B lottery?

Answer We likely will not know for sure about a second lottery until July, at the earliest. But, given that there appears to have been a significant number of duplication registrations submitted, there definitely is reason to think a second lottery may be necessary. (03.May.2023)Sheela Murthy...

04 May 2023

I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year;...

04 May 2023

To do an EB5 investment, do I have to get money from outside the U.S., or am I allowed to use money I earned while in this country?

Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.2023)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 © 2023, MURTHY LAW FIRM. All...

03 May 2023

Priority Dates: How Does the Visa Bulletin Work?

The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...

28 Apr 2023

NewsFlash! USCIS Releases FY24 H1B Registration Numbers and Raises Concerns on Multiple Registrations

This morning, the U.S. Citizenship and Immigration Services (USCIS) released data relating to the FY24 H1B registration lottery in an eMail to stakeholders and on its H1B Electronic Registration Process website. While the USCIS announced on March 27, 2023, that enough initial registrations were submitted...