12 May 2026

I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...

11 May 2026

MurthyAudio: CBP / Port of Entry Issues

Common issues that non-citizens face when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this podcast, broadcasted on 06.May.2026.The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find...

06 May 2026

My H1B was approved, and I worked in the U.S. for three years. I then spent two years abroad. Can I use the remaining three years of H1B time, or do I need to go through the lottery again?

Answer In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to reenter the lottery. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

04 May 2026

Reclassification of Medical Marijuana Offers Limited Immigration Relief

The Trump administration has announced a significant shift in federal drug policy, reclassifying state‑licensed medical marijuana from Schedule I to Schedule III under the federal Controlled Substances Act (CSA). This action, taken by the U.S. Department of Justice and the Drug Enforcement Administration (DEA) pursuant...

22 Apr 2026

I was selected in the H1B lottery, but my registration listed a different work location than where I actually will be working. Can my employer file the H1B petition for the new location?

Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...

20 Apr 2026

Murthy Law Firm Observations on $100,000 H1B Fee: Practice Reality vs Published Guidance

The U.S. Citizenship and Immigration Services (USCIS) recently issued guidance clarifying who will be subject to the $100,000 fee imposed under the 19.Sep.2025, executive proclamation addressing certain H1B filings. While the published guidance outlines specific circumstances in which the fee should apply, the Murthy Law...