30 Apr 2018

My current H1B I-94 is still valid, but my H1B amendment is pending. If I travel overseas for a couple of weeks, am I allowed to return while the H1B amendment is still pending?

Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...

23 Apr 2018

My EB2 I-140 is approved. Now, I am being moved to work at a different physical location, but will be in the same position, performing the same duties. Do I need a new I-140 and/or a new PERM?

Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

23 Apr 2018

I am on H1B. Is there any way to have my mother accompany me to the U.S. as my dependent?

Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...

20 Apr 2018

H1B Cap Lottery Update for FY19

On April 6, 2018, the U.S. Citizenship and Immigration Services (USCIS) announced that the H1B cap for fiscal year 2019 (FY19) was reached. The USCIS then completed the H1B lottery selection process on April 12, 2017. Some 190,000 petitions were filed this year, which is...