Answer: In this example, assuming that the prior H1B was cap subject, the H1B filing in 2014 would not be cap subject. As a general matter, a person only needs to be counted against the cap once, unless s/he leaves for a year and wishes to...
Answer: No, in the example given, the clock would not be reset for six more years. It is a choice of which rule a person wants to use. If one is out of the United States for a full year, the six-year H1B clock resets. But,...
Answer: If the previous employer's I-140 is approved and the visa number is not available (priority date is not current,) then it is possible to get a 3-year H1B extension beyond the six-year limit with ANY employer. So, yes, as long as the I-140 has not...
Answer: A person in H1B status can get married to someone who enters the United States on a B-2 tourist visa. However, there are some concerns here with respect to the intent of the B-2 visitor, and whether the information provided to the consulate on the...
Answer: Full-time CPT is defined as any employment exceeding 20 hours per week. As there is no maximum limit on the number of hours per week to meet this definition, occasional overtime should be permitted. (17.Jan.2014)Questions frequently reach us from students on a variety of matters....
Answer: If a case has been denied, and has been appealed, then it is considered to still be in process with DOL and would need to be withdrawn prior to filing a new PERM case with the same employer. If the PERM case has been denied...
Answer: In immigration cases, it certainly is possible to have an attorney in another state. The Murthy Law Firm has clients all over the U.S., and our offices are in Maryland and Washington (state). Generally, the answer to this question depends upon the type of case....
Answer: Yes, it is possible for an individual to be the beneficiary of multiple H1B petitions simultaneously. This often happens due to the uncertainty of the H1B cap. It may also happen when there is a job loss and one accepts a job and, then receives...
Answer: If a person obtains an EB1 based on Extraordinary Ability, the USCIS does expect him/her to work in that field of expertise for a reasonable time after the GC approval. If this did not occur for any period after approval of the I-485 application, it...
... I have been working as an intern at a big pharmaceutical company for 3.5 months, and I expect to be hired as a regular, paid employee at the end of my internship in two weeks. Am I in violation of my F-1 status since...
