The U.S. Citizenship and Immigration Services (USCIS) has adopted Matter of S- Inc. as a precedent decision, establishing new policy guidance for USCIS personnel. In this case, the AAO found that the absence of a legal relationship between two or more entities does not necessarily...
Today, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the randomized H1B cap lottery selection process. The USCIS reported that it received 190,098 petitions this year, which is a slight reduction from the 199,000 H1B petitions received last year, and is...
Answer This would be possible, yes. However, the last approval to take effect would govern one's status, so this requires caution. You probably should consult with an attorney before proceeding with this. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer Yes, the change of employer should not affect the validity of the EAD. However, if the I-140 has been approved for fewer than 180 days, the employer may still revoke it, making it impossible to extend the EAD. (09.Apr.2018)In frequent sessions of our Chat, Sheela...
Fifteen members of the U.S. Congress wrote a joint letter to the U.S. Department of Homeland Security (DHS) Secretary Kristjen Nielson in March 2018, urging her to reconsider the department's plan to terminate the program that allows certain H-4 spouses to obtain employment authorization documents...
The U.S. Citizenship and Immigration Services (USCIS) announced today that the H1B cap limit for fiscal year 2019 (FY19) has been reached. This applies to both the 65,000 regular H1B cap limit as well as the 20,000 advanced degree (masters) cap exemptions.As the H1B case...
Long-time followers of MurthyDotCom have likely read some of our articles on the increase in government scrutiny of the hiring and employment practices of U.S. employers. These articles focus on immigration compliance. However, employers of foreign workers also need to concern themselves with general employment...
… I left the U.S. and applied for admission to a Ph.D. program in my field, which starts next fall (in 8 months). Can I apply for a new F-1 visa now? Would the previous filing and denial of my employer’s H1B petition affect my...
Answer Yes, one in this situation normally could have another employer file an H1B petition for consular processing. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer This just means that the H1B will be approved without an I-94 card; one normally would need to travel outside the U.S. and return with a valid H1B visa 'stamp' in order to return in H1B status. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy...
