The U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient filings to reach the congressionally mandated H2B cap for the first half of fiscal year (FY) 2023. Any cap-subject H2B petitions received by the USCIS after September 12, 2022 requesting a...
Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.That being...
Answer That depends upon whether the second PERM is with the same company or not. If the second PERM is with a different company, there is no problem. Otherwise, companies are not supposed to file two PERMs and have them pending for the same person at...
Answer We typically advise that if a person in H-4 status without an EAD wishes to perform volunteer work, it should only be in a position that would normally be filled by a volunteer. (29.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
"Can I file a green card for myself?" The Murthy Law Firm regularly receives inquiries like this from foreign nationals wondering whether it is possible to self-sponsor to become a lawful permanent resident (“green card” holder). While most of the employment-based categories require a U.S....
A large percentage of foreign nationals who come to work as physicians in the United States do so pursuant to H1B status. Ordinarily, the foreign national must be counted against the H1B cap before that individual is eligible to work in H1B status. This usually...
The U.S. Department of Homeland Security (DHS) has published a final rule in the Federal Register, which reaffirms long-standing guidance applicable for determinations of whether an individual is likely to become a public charge. A foreign national who is considered likely to become a public...
Answer It is possible for an L1B employee to be placed at a third-party work location. However, this needs to be indicated on the L1B petition, and the employer must demonstrate that it will maintain a qualifying employer-employee relationship with this L1B worker. (22.Sep.2022)Sheela Murthy and...
Answer There is a legacy INS opinion letter that indicates it is permissible to return to a previous employer based on the "dormant" petition. However, depending on the circumstances, that is not always the safest / best practice, as it creates a rather confusing history, among...
The U.S. Citizenship and Immigration Services (USCIS) announced yesterday evening that, effective immediately, it has initiated the third phase of expanding the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS...
