Compelling success stories related to nonimmigrant status is the topic discussed by Murthy Law Firm attorneys in the January 2024 podcast. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ...
Answer If you are not physically in the United States, you are not in H1B status. Therefore, whether you are working for your H1B employer and/or any other employer, it would not be a violation of your H1B status. In general, U.S. immigration law does not...
Recently, attorneys at the Murthy Law Firm have noticed a troubling trend by the U.S. Citizenship and Immigration Services (USCIS), related to the adjudication of some I-539 applications to change status to B-1 or B-2 filed by H1B workers during their respective 60-day grace periods....
Answer It typically is possible to request admission in H1B status, as long as one's passport, H1B petition, and visa are valid at the time of admission. With an Indian passport, the fact that it expires in 3 months will not prevent the U.S. Customs and...
Answer Sure, assuming the degree is from an accredited, nonprofit U.S. college or university, the fact that it is an online university is irrelevant. You can check the accreditation status of a U.S. university through the U.S. Department of Education website. (04.Jan.2024)Sheela Murthy and other senior...
Answer No. From the H1B worker's perspective, there generally is no immigration harm in failing to join the new employer. Employer B has certain obligations (e.g., withdrawing the approved petition when the worker fails to join the company). But, regardless of whether Employer B takes care...
The holiday season provides many with opportunities to have a good time, and a few drinks, with friends. Those who choose to do so should arrange for a designated driver or other safe, sober transportation home. Alcohol-related arrests, not to mention serious accidents, are all...
Answer If the latest approval notice is not presented, the CBP officer at the port of entry typically will not admit the dependent spouse beyond the expiration date listed on the visa (which generally is the expiration date from the original H1B approval notice). (28.Dec.2023)Sheela Murthy...
Answer An employer cannot impose a “penalty” against an H1B worker who leaves the company before the end of the H1B term. An employer, however, may be able to include a “liquidated damages” clause in an employment contract to recover certain expenses. The federal regulation explains,...
Answer If you filed the application to change status prior to the end of your grace period, this likely would have placed you in a period of authorized stay. Assuming you leave the U.S. while that application is still pending and return with a valid H1B...
