Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed. Note, however, that the “ability to pay” requirement that had to be overcome to get the I-140 approved continues through the issuance of the green card. The USCIS is far less likely to look at the issue of ability to pay after the I-140 has already been approved. But, if the issue is raised, one way a petitioner may evidence ability to pay is by showing it has actually been paying the offered salary since the date the case wa ..read more

Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to “extend” H1B status beyond the standard 6-year max. (08.May.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.     Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved The post After working in H1B status for 6 years, I moved to H-4 status, and have been working on H-4 EAD. My current employer filed a PERM for me last ye ..read more

This afternoon, the U.S. Department of State (DOS) released the June 2024 Visa Bulletin. There is little-to-no forward movement in any of the employment-based categories from the previous month. Worse still, the DOS warns of retrogression coming in the near future. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no change in the EB1 category. EB1 India’s cutoff date remains set at March 1, 2021, while EB1 China keeps a September 1, 2022 cutoff date. The ..read more

Although the U.S. Citizenship and Immigration Services (USCIS) primarily operates inside the United States, the agency has field offices abroad that provide limited services. At one time, the USCIS had as many as 24 overseas offices, until the Trump Administration began shutting them down, as reported in the MurthyDotCom NewsBrief, USCIS to Close all International Office Locations (11.Apr.2019). The Biden Administration, however, has been reopening them. On April 23, 2024, the USCIS announced two new international field offices will be opened, including one in Doha, Qatar on May 7, 2024 and th ..read more

The U.S. Citizenship and Immigration Services (USCIS) recently highlighted various key statistics related to the registrations submitted in this year’s H1B lottery, arguing that the changes made to the program have succeeded in bringing greater integrity to the H1B program. As explained by the USCIS, for fiscal year 2025, there was a significant decrease in the total number of registrations submitted in the H1B lottery from the prior fiscal year, including a decrease in the number of registrations submitted on behalf of beneficiaries with multiple registrations. Despite this, the total number ..read more

Answer If a student wishes to change employers when the STEM OPT application is pending, the student must report the change of employers to the DSO and provide the DSO with a new training plan (I-983 form) completed and signed by both the employer and the student. In the past, the student was required to file a new I-765 the USCIS. Fortunately, this is no longer required. (01.May.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.     Copyright © 2024, MURTHY LAW FIRM ..read more

The U.S. Citizenship and Immigration Services (USCIS) recently announced the incorporation of the U.S. Department of Labor’s (DOL) definition of “science or art” into its policy manual for Schedule A, Group II cases. The policy change goes into effect immediately. Background An employer sponsoring a foreign national in the employment-based second or third preference (EB2/EB3) usually must first file a PERM labor certification with the U.S. Department of Labor (DOL). For Schedule A occupations, however, where the DOL already has determined that a shortage of qualified U.S. workers exists, emplo ..read more

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning, artificial intelligence (AI), data analytics, and data management. Our client graciously granted permission to the Murthy Law Firm to share her story to help others who may be considering applying for an NIW. Qualifying for a National Interest Waiver (NIW) The NIW is an avenue under U.S. immigra ..read more

Answer One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.     Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved The post I own a company in the U.S. and one in India. In India, there is someone who has worked ..read more

Answer Yes, it generally is possible to upgrade to premium processing at any time while an H1B petition is pending. (24.Apr.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.     Copyright © 2024, MURTHY LAW FIRM. All Rights Reserved The post An RFE was issued on my H1B petition. Can my employer upgrade my case to premium processing when they respond to my RFE? appeared first on Murthy Law Firm | U.S Immigration Law ..read more