13 Oct 2021

USCIS Published FAQs on Bona Fide Determination Process for Pending U Visa Petitioners

The U.S. Citizenship and Immigration Services (USCIS) has provided answers to a number of frequently asked questions (FAQs) on its newly implemented bona fide determination process for pending U nonimmigrant applications. As reported in the MurthyDotCom NewsBrief, Employment Authorization Available for Pending U Visa Petitioners...

07 Oct 2021

I am working for employer A, and employer B filed a change of employer petition for me. While that petition was pending, I received a better offer from employer C. Employer C filed a change of employer petition for me, and then both change of employer petitions were approved. Do I need to join employer B before I can join employer C?

Answer Assuming all three employer's petitions remain valid, it typically would be permissible to work for any of the employers. So, no, it would not be necessary to join employer B before joining employer C. (07.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

04 Oct 2021

TN Status: Employment Option for Canadian and Mexican Citizens

Under the U.S.-Mexico-Canada Agreement (USMCA), qualifying Canadian and Mexican nationals can work in the United States in a wide range of positions under the USMCA professionals (TN) classification. Although the TN classification has some key limitations, in many cases it can provide employers with a...

30 Sep 2021

Several years ago, a company filed an H1B petition for me in the lottery. It was approved and I was issued an H1B visa stamp by the consulate, but I never actually entered the U.S. If I find a company willing to sponsor me for an H1B job, do I have to go through the lottery again?

Answer In general, if a foreign national is granted H1B status or issued an H1B visa "stamp,"  that individual is considered to have been counted against the H1B cap. A foreign national who has been counted against the H1B cap, but has not used any H1B...