Answer No, once a person departs the U.S, it generally would not be possible to return during one's grace period. In order to return in H1B status, one would need a valid job offer and H1B petition. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...
President Trump has issued an executive order to close all executive departments and agencies, which includes the U.S. Citizenship and Immigration Services (USCIS), on December 24, 2020. These offices will also be closed on December 25, which is Christmas day, a federal holiday. Copyright © 2020,...
Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...
Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Strategies for employers to consider while hiring H1B workers during the COVID-19 pandemic are discussed by Murthy Law Firm (MLF) attorneys in this December 2020 podcast. Based on cases that MLF attorneys have filed since COVID-19 began in March 2020, this discussion includes how to...
Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,...
Answer Yes, we are still waiting for the Department of Labor Office of Foreign Labor Certification (OFLC) to update the prevailing wage data. There is no word yet on when this will happen. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer It is very hard to say whether the Fairness for High Skilled Immigrants Act has a reasonable chance of being passed in the near future. The House and the Senate each passed different versions of the bill, and they do not have a lot of...
Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the...
Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...
