On January 5, 2024, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual regarding how officers are to adjudicate pending immigrant petitions for alien workers (form I-140) when an employee ports to a new employer under the American Competitiveness...
Answer Yes, this should be fine. Since a master's degree is a more advanced level of education than a bachelor's degree, that master's degree in computer science can be used to qualify for an H1B position requiring only a bachelor's degree. (24.Jan.2024)Sheela Murthy and other senior...
Answer Your friend is correct! Generally speaking, once a person has been counted against the H1B cap, that person remains eligible for up to 6 years of H1B time. The fact that another employer submitted a registration for you last year does not change the fact...
Answer No, this is perfectly normal. An individual typically is limited to up to 6 years of H1B time. Generally, however, an H1B petition will not be approved for more than 3 years. (24.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Compelling success stories related to nonimmigrant status is the topic discussed by Murthy Law Firm attorneys in the January 2024 podcast. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ...
The Murthy Law Firm has received multiple reports that the U.S. Citizenship and Immigration Services (USCIS) has been erroneously denying STEM optional practical training (OPT) applications filed by F-1 students, alleging that the applicant’s degree was not in a STEM designated field. This MurthyDotCom NewsBrief...
Answer Once the I-140 is approved, the beneficiary typically gets to keep that priority date, regardless of any action taken by the petitioning employer. Unless the I-140 is revoked by the USCIS due to fraud, willful misrepresentation, or material error by the USCIS, or because of...
Answer If you are not physically in the United States, you are not in H1B status. Therefore, whether you are working for your H1B employer and/or any other employer, it would not be a violation of your H1B status. In general, U.S. immigration law does not...
Recently, attorneys at the Murthy Law Firm have noticed a troubling trend by the U.S. Citizenship and Immigration Services (USCIS), related to the adjudication of some I-539 applications to change status to B-1 or B-2 filed by H1B workers during their respective 60-day grace periods....
Today, the U.S. Department of State (DOS) released the February 2024 Visa Bulletin. Unsurprisingly, there is little-to-no movement in most of the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
