The U.S. Department of Homeland Security (DHS) issued the final rule on January 30, 2018 for H1B cap-subject petitions. The new regulation makes a procedural change for the USCIS, which should result in an increase in the percentage of foreign nationals selected in the lottery...
Answer In general, if an H1B petition is filed to work at a third-party location, and no client / vendor letters are provided, the USCIS will issue an RFE asking for proof of the employer-employee relationship, and of the existence of the project. Normally, the USCIS...
Answer There (normally) is no requirement that one go to the home country for visa "stamping." However, each U.S. consulate has its own requirements in regard to who can apply for a visa at the consulate. Some restrict applications by "third country" applicants who do not...
Answer Typically, if an H1B change of employer is filed during the 60-day grace period, no "special" paperwork would be required. As with most any H1B petition requesting status, one should provide evidence of having maintained status; if filing during one's grace period, such evidence may...
Answer The most likely potential issue here would be the H1B "cap." Some nonprofits are cap-exempt. If the H1B petition filed by the nonprofit was filed as cap-exempt, and the beneficiary has never otherwise been counted against the H1B cap, it is very likely that the...
Based on information that the Murthy Law Firm has received in recent months, it appears that the U.S. Citizenship and Immigration Services (USCIS) is now conducting site visits based on pending H1B petitions. While the site inspection program has been in place since 2009, until...
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 and to those considering launching a startup. In this teleconference, recorded January 2, 2019, Murthy Law Firm attorneys discuss tips...
The Department of Homeland Security (DHS) posted a final rule reversing the order by which the U.S. Citizenship and Immigration Services (USCIS) selects H1B petitions under the H1B regular cap and the advanced-degree exemption, and it introduces an electronic registration requirement for petitioners seeking to...
Answer Yes, you can take a cruise to travel to other countries and return to the United States with your passport, Advance Parole document, and/or other appropriate documentation supporting the immigration status you seek in the U.S. upon your return. This applies if you are taking...
Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....
