International Medical Graduates (IMGs), who are completing their graduate medical training in the H1B classification, and who seek to undertake employment with U.S. employers in H1B classification, must be mindful of the applicability of the H1B numerical cap. When moving from a cap-exempt H1B to...
California Service Center (CSC) views and clarifications on various immigration matters and procedures were provided to American Immigration Lawyers Association (AILA) on January 28, 2009. This summary of the highlights of that report, including the 30-day timeline to respond to Requests for Evidence (RFEs), transfer...
The U.S. Citizenship and Immigration Services (USCIS) recently announced that a sufficient number of H2B filings has been received for the second half of Fiscal Year (FY) 2009. As long-time MurthyDotCom and MurthyBulletin readers may recall from articles including, Overview: H2B Temporary Workers (Sep 14,...
The U.S. Department of State (DOS) published a public notice in the Federal Register on December 19, 2008, announcing changes in the completion of the J-1 Visa Waiver Recommendation Application Form (DS-3035). Beginning February 1, 2009, all applicants will be required to complete and submit...
The Murthy Law Firm is pleased to report that we recently obtained the approval of an I-485 Motion to Reopen (MTR) of a former J-1 physician, who had received a denial of her I-485, adjustment-of-status application, filed by another law firm. The physician was prepared...
The USCIS has just released a memo dated December 5, 2006, that makes significant positive changes to the counting of time for H1Bs, H-4s, L-1s, and L-2s. This Memo addresses three separate issues. It decouples time spent in H-4 or L-2 status from the time...
The USCIS has announced an increase in the allowable period of admission for foreign nationals using the Trade-NAFTA (TN) status. This status is available only to Canadian and Mexican citizens. The TN status was previously issued in one-year increments, with no limit on the number...
Immigration laws contain protections against employer retaliation and termination in situations where an employee has disclosed violations of the labor condition application (LCA) requirements or cooperated with the U.S. Department of Labor (DOL) in investigations of such violations. The LCA is part of the H1B...
The California Service Center (CSC) of the U.S. Citizenship and Immigration Services (USCIS) held a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) on August 6, 2008. During the meeting, the CSC addressed several questions of general importance submitted by AILA members....
As reported in last week's MurthyBulletin, the U.S. Department of State (DOS) Visa Bulletin holds some very good news in the employment-based, second preference (EB2) category for nationals of certain countries. The cutoff dates for India and China were advanced in excess of two years...
