Faq - Murthy Law Firm | U.S Immigration Law

31 Mar 2014

After denial of H1B extension (I-94 already expired), employer proposes to file a new H1B. Is stay in USA legal until a decision is made on the new H1B? What are my options here? Is it better to file the new H1B through another company?

Answer Generally, foreign nationals are legally present if there is a properly filed request to extend or change status. Properly and timely filed means that the case is filed while the person is in status. Filing after a person is out of status would not usually...

21:50 / FAQs

28 Mar 2014

Both my wife and I are working pursuant to OPT authorization. Both of our OPT EADs will expire this coming May. …

... My employer will be filing an H1B petition for me for the start date of October 1st and my wife would like to file for H-4 based on that filing. Are we going to be able to maintain our statuses from the expiration of...

15:22 / FAQs

24 Mar 2014

Can an employee pay for the green card processing expenses?

Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. So, the employer must be paid for this part of the case. The USCIS does not have the same view, so the expenses of the I-140 and...

22:43 / FAQs

24 Mar 2014

Can an H1B candidate take promotion and accept a job title change while waiting to file the I-485? Will this invalidate his/her approved Perm/I-140?

Answer A promotion doesn't invalidate the PERM/I-140 automatically. But, the GC is based upon the job offer in the PERM. So, if there is a true change in the position that is not consistent with the PERM/I-140, this could pose a problem. The job offer must...

22:41 / FAQs

24 Mar 2014

I have an EAD and H1B status. What is the process to transfer my H1B to my new employer, so that I can keep my EAD, as well?

Answer The EAD is based on the pending I-485. It stays valid even if there is a job change using an H1B. What is important is to keep the entire GC case on solid footing. Normally, a job change indicates use of AC21 GC portability. We...

22:39 / FAQs

24 Mar 2014

Is an H1B applied for in April 2014, to work at a nonprofit company, easily transferable to a for-profit company? Or must I wait to change jobs until October 2015?

Answer First, it is important to understand whether the first case is for a cap-exempt employer; not all nonprofits are cap exempt. If the employer is not cap exempt (perhaps, that is why they are filing in April), there is no issue. If the employer IS...

22:16 / FAQs

21 Mar 2014

I worked on post-completion OPT for one year after I completed my master’s degree. I then decided to continue my education and went to law school. I have now graduated with a J.D. degree and would like to get some practical experience working in a law office. Am I eligible for a second one-year period of OPT?

Answer According to the general OPT rule, a student becomes eligible for a new 12-month OPT period based upon completion of a subsequent degree at a higher educational level. But, in some cases, such as yours, it is not entirely clear if the subsequent degree is...

23:10 / FAQs

17 Mar 2014

If a person held H-1 previously and changed the status to F-1, will s/he be still counted against the cap this year? Can s/he apply for H-1 later (change of status) before expiring the current status?

Answer Generally, if a person previously held cap-subject H1B status, s/he would not be cap subject if filing for the remainder of the unused H1B time in the initial six-year period. The change of status to F-1 (or other nonimmigrant status, like H-4) does not make...

22:38 / FAQs

17 Mar 2014

Does a change in the job title under same job classification e.g. LCA job code Computer System Analyst (151051) to Software Developer (151133) require an H1B amendment? Added responsibilities are not documented in current H1B LCA.

Answer A job title change alone would not require an H1B amendment, but a material change in the job duties DOES require an amendment. The LCA does not list duties, only location, title/classification, wage level and the like. The specific job duties are specified in the...

22:31 / FAQs

17 Mar 2014

My perm was applied for 365 days prior to my H1B expiration. While applying for H1B extension, can I add any unused H1B time (5 months), in addition to the one-year H1B extension?

Answer Yes, it is almost always possible to add in all available time for which one is eligible when filing an H1B petition (up to the 3-year maximum). So, if a person is eligible for an extension of one year because of a PERM filing, the...

22:10 / FAQs

Murthy Law Firm

After denial of H1B extension (I-94 already expired), employer proposes to file a new H1B. Is stay in USA legal until a decision is made on the new H1B? What are my options here? Is it better to file the new H1B through another company?

Both my wife and I are working pursuant to OPT authorization. Both of our OPT EADs will expire this coming May. …

Can an employee pay for the green card processing expenses?

Can an H1B candidate take promotion and accept a job title change while waiting to file the I-485? Will this invalidate his/her approved Perm/I-140?

I have an EAD and H1B status. What is the process to transfer my H1B to my new employer, so that I can keep my EAD, as well?

Is an H1B applied for in April 2014, to work at a nonprofit company, easily transferable to a for-profit company? Or must I wait to change jobs until October 2015?

If a person held H-1 previously and changed the status to F-1, will s/he be still counted against the cap this year? Can s/he apply for H-1 later (change of status) before expiring the current status?

Does a change in the job title under same job classification e.g. LCA job code Computer System Analyst (151051) to Software Developer (151133) require an H1B amendment? Added responsibilities are not documented in current H1B LCA.

My perm was applied for 365 days prior to my H1B expiration. While applying for H1B extension, can I add any unused H1B time (5 months), in addition to the one-year H1B extension?

Murthy Law Firm

MurthySouth

MurthyIndia

About Us

Legal

Government