In recent months, the U.S. Citizenship and Immigration Services (USCIS) appears to have begun to take a far less favorable view of expert opinion letters submitted to evidence that a position indicated in an H1B petition qualifies as a "specialty occupation." There has not been...
While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, this information may be of interest to employees as well as those considering launching a startup. Our attorneys discuss matters related to various types of employment authorization for...
Answer If your extension is denied and your I-94 has expired, this likely means you are out of status and unlawfully present in the U.S. Any petition or application typically would need to be filed for consular processing. I recommend you read the MurthyDotCom article, Differences...
Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...
The proposed rule to terminate the program that allows certain H-4 spouses to obtain employment authorization is not expected to be published until at least June 2018. The rule was previously slated for publication in February 2018. The U.S. Department of Homeland Security is apparently...
On February 22, 2018, the United States Citizenship and Immigration Services (USCIS) released a policy memorandum entitled Contracts and Itineraries Requirements for H1B Petitions Involving Third-Party Worksites. This policy memo revises USCIS policy related to H1B petitions filed for workers who will be employed at...
Murthy Law Firm attorneys get together for a special teleconference to discuss the impact of the troubling new USCIS policy memo on third-party placements in H1B petitions, and how employers should be prepared to address the requirements in their future H1B filings.The MP3 is available...
Answer Currently, the new memo only affects USCIS adjudications of H1B petitions. However, the consulates are always free to request additional documentation that they feel is necessary to verify that the H1B petition job is still valid. (26.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...
... We have appealed that denial, and the appeal is still pending. In the meantime, can I reapply in this year's H1B lottery? Answer A pending appeal on an H1B case would not typically prevent a person from reapplying under the current year's H1B lottery. (26.Feb.2018)In frequent...
