14 Mar 2016

I have spent more than 5 years in H1B and my PERM LC was just filed. If the PERM LC is approved when I have 1 month of H1B time remaining, can I file my I-140 and H1B extension at the same time?

Answer If an approved I-140 is needed to extend one's H1B status, the I-140 and H1B petitions cannot be filed concurrently. Rather, one must qualify for the benefit requested at the time of filing. This means that the I-140 must be approved before the H1B petition,...

07 Mar 2016

Can one do volunteer work while in H1B status?

Answer Generally speaking, a person in H1B status should only work in a volunteer position if it is one that would ordinarily be filled by a volunteer. For instance, volunteering for a charity organization or to help at your child's school may be permissible. But, other...

04 Mar 2016

Murthy Law Firm’s Comments on Proposed Rule for I-140 EAD, and More

The U.S. Department of Homeland Security (DHS) issued a proposed rule in December 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. As indicated in our January 8, 2016 NewsBrief, I-140 EAD Proposal is Limited and Restrictive,...