The U.S. Citizenship and Immigration Services (USCIS) announced today that the H1B cap limit for fiscal year 2026 (FY26) has been reached. This applies to both the 65,000 regular H1B cap limit as well as the 20,000 advanced degree (masters) cap exemptions.The USCIS only had...
Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Answer The rules regarding whether a particular activity may be considered unauthorized employment are fairly vague. However, it seems very unlikely that the USCIS would view signing an offer letter as a form of unauthorized employment. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
As noted in the MurthyDotCom NewsBrief, USCIS Notice to Appear (NTA) Memo Could Result in Harsh Consequences (04.Mar.2025), the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum in February 2025, expanding the types of situations that may lead to the issuance of a...
President Trump signed a spending bill, dubbed the “Big Beautiful Bill,” into law on 04.Jul.2025. While the bill does not fundamentally change who is eligible for U.S. immigration benefits or create new, legal pathways, it dramatically increases funding for immigration enforcement and increases the financial...
Answer We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located...
Answer Yes, as things stand now, a child born in California would still be considered a U.S. citizen.California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance...
It is the time of year when many former F-1 students are preparing to transition to H1B status. During this period, many F-1 students wish to travel abroad to visit family and friends, leading to questions about how such travel may affect their change to...
Answer The USCIS likely will announce whether a second lottery will be necessary by the end of July or beginning of August. (02.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Yes, if the PERM was filed in time to qualify for the H1B extension under the 365-day rule, it is possible to obtain the extension based on the pending MTR or appeal. The MTR or appeal is enough to keep the case "alive" so that...
