31 Jul 2024

I saw the announcement that the master’s cap was reached, but that the USCIS would be holding a second lottery for the regular cap. My case was filed for the master’s cap. Does that mean my case won’t be eligible for the second lottery?

AnswerGenerally speaking, if a case was filed in the master's cap but not selected, it is then placed in the lottery for the regular cap. Now, with a second lottery being conducted for fiscal year 2025 cap cases, both the regular and master's cap cases...

17 Jul 2024

My H1B visa is valid through 2026, but my Indian passport expires in three months. Can I still use it to enter the U.S., or does the passport have to be valid for at least six months?

Answer Generally speaking, an Indian passport may be used to request admission to the U.S., through the expiration date of the document. However, the I-94 issued at the U.S. port of entry likely will be issued only through your passport expiration date.  (17.Jul.2024)Sheela Murthy and other...

17 Jul 2024

I am a partner at a medium-sized generics pharmaceutical company in India. We also have a small operation in the U.S. Are there any visa categories, other than H1B, that can be used for us to bring workers to the U.S.?

Answer Yes, the most likely category is L1A for managers and executives and L1B for employees with specialized knowledge. In recent years, the Murthy Law Firm has been working with a growing number of companies involved in generic pharmaceuticals to help them file L-1 petitions. The...

10 Jul 2024

My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...