12 Jun 2024

I was laid off from my H1B position. I got an offer, but the company says their only education requirement is a bachelor’s degree in any field. Is this sufficient for an H1B filing?

Answer In order to qualify for an H1B position, the minimum requirements generally must include at least a minimum of a bachelor's degree in a particular field. If a position will accept a bachelor's degree in any field, it normally will not qualify as an H1B...

12 Jun 2024

I am a Mexican citizen working as a mechanical engineer on a TN visa. My current job is coming to an end next month, but I received an offer for another mechanical engineer position. Do I have to go back to a consular post in Mexico to apply?

Answer No. In order to apply for a change in employer as a TN worker, the employer may file a petition with the USCIS, or, if the TN visa in your passport is still valid, it typically is possible to apply in person at a U.S....

12 Jun 2024

I am in H1B status, and my wife had been in H-4 status. We recently discovered that, when she last entered the U.S., her I-94 was shorted based on her passport expiration date, so actually has been out of status for the past several months. We are working to resolve her issues. In the meantime, though, will her status violation impact my H1B extension of future green card case?

Answer No. A status violation by one spouse normally will not have a direct impact on the other spouse's H1B or green card case. (12.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

29 May 2024

My employer is filing my H1B for consular processing. I am Indian, but I am currently working in the EU. Can I apply for my visa in Europe, or do I have to apply at a consulate in India?

Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...

22 May 2024

I am working based on an H-4 EAD, which is valid until next year. My husband may be laid off next month. If that happens, am I allowed to keep working during our grace period?

Answer Yes, ordinarily, the H-4 spouse may continue to work based on the EAD during the grace period.  (22.May.2024)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 © 2024, MURTHY...

22 May 2024

I raised some significant investment funds from a U.S. investor for my start-up business, and I now wish to apply for parole as an international entrepreneur, but the USCIS does not post anything about processing times on its website. Do you have any information on how long the process takes?

Answer Yes, the Murthy Law Firm has successfully filed a number of these applications. The first case we filed took more than two years to be approved. But, since then, processing times appear to have improved significantly. The last few cases we filed were all approved...

22 May 2024

I have a bachelor’s degree in math and a master’s degree in computer science. I was working as an IT professional, based on my computer science degree. Given the downturn in the tech sector, though, I was considering a move to teaching. Can I apply for a teaching job that requires a degree in math, or do I have to rely on the same degree as the one I am using for my current position?

Answer Assuming your math degree is equivalent to a U.S. bachelor's degree in math, yes, that can be used to qualify for an H1B position.  (22.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....