Answer In general, if a change-of-status application is filed while a timely-filed extension is pending, and one's I-94 has expired, the USCIS will only approve the change of status if the extension is approved. (25.Feb.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer In order to qualify for the EB1(c) category, one must have worked abroad as a manager or executive for at least one year, and then be offered a managerial or executive position with a related company in the U.S. Without the qualifying foreign experience, one...
As the H1B cap season for fiscal year 2020 (FY20) draws near, more and more inquiries are coming into the Murthy Law Firm from employers and foreign nationals who want to know whether an individual may be the beneficiary of more than one H1B cap-subject...
Yesterday, the proposed regulation to terminate the program that allows certain H-4 spouses to obtain employment authorization was submitted to the White House Office of Management and Budget (OMB). This is one of the required steps in the formal rulemaking process, and signals that the...
The U.S. Citizenship and Immigration Services (USCIS) announced today that, beginning Tuesday, February 19, 2019, premium processing will resume for all H1B petitions filed on or before December 21, 2018. Premium processing provides a guarantee that the USCIS will take some adjudicative action on the...
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...
