US Immigration News

L1B status is for specialized knowledge of an employee knowing a company’s specific processes and procedures at the foreign office to related U.S. office. You can learn more here.

The post L1B Status appeared first on Murthy Law Firm | U.S Immigration Law.

Long wait or short wait, the only way in line is by filing the I-130. Can you file an I-130? Should you file? How many to file? Learn more.

The post File I-130 Petition to Lock in Priority Date! appeared first on Murthy Law Firm | U.S Immigration Law.

The USCIS has announced they are using Filing Dates Chart for family-based I-485 cases & Final Action Dates for employment I-485s in May.

The post USCIS Picks Dates for Filing for Families & Final Dates for Workers appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No, only the employer and/or the attorney representing the employer can directly check to see if the registration was submitted on your behalf. You could try filing a Freedom of Information Act (FOIA) request with the USCIS to ask for documents related to any H1B registrations submitted for you in this year’s lottery. However, it is not clear whether the USCIS would provide anything to you. And, even if such information would be provided, it could take many months before you heard back from the USCIS. (09.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.

 

 

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The post I am working for a consulting firm on OPT. They told me that my case was not selected in the lottery. Is there any way for me to check online on my own to verify that they actually filed the registration for me? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

After an H1B worker uses any portion of the grace period, that person typically is eligible for another 60-day grace period after receiving a new H1B approval. For example, if an H1B worker gets laid off and then finds a new job during the grace period and has an H1B change of employer approved, that person would then be eligible for a new 60-day grace period based on the new H1B approval. (09.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.

 

 

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The post I was laid off from my employer and used almost all of my grace period before joining a new employer. If I were to be laid off again, would that mean I would only get the last few days remaining of my grace period? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Yes, you may file a complaint with the Wage & Hour Division of the U.S. Department of Labor. (09.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.

 

 

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The post I was laid off by my H1B employer, and the company refused to pay for my return trip to India. Do I have any recourse? appeared first on Murthy Law Firm | U.S Immigration Law.

This afternoon, the U.S. Department of State (DOS) released the May 2024 Visa Bulletin. The employment-based categories show no forward movement from the previous month. 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

EB1 India’s cutoff date remains set at March 1, 2021, while China’s keeps its September 1, 2022, cutoff date. The EB1 category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB2) Category

In the EB2 category, India’s cutoff date is stuck at April 15, 2012. China’s EB2 cutoff date holds firm at February 1, 2020. The EB2 cutoff date for all other countries remains unchanged at January 15, 2023.

Employment-Based, Third Preference (EB3) Category

For EB3 India, the cutoff date holds fast at August 15, 2012. For China, the EB3 cutoff date is still set at September 1, 2020. The EB3 cutoff date for all other countries of chargeability remains at November 22, 2022.

EB3 Other Workers

In the EB3 other workers category, India’s cutoff date is still August 15, 2012. For China, the cutoff date remains unchanged at January 1, 2017. The EB3 other workers cutoff date for Philippines is still locked at May 1, 2020. For all other countries of chargeability, the cutoff date is still October 8, 2020.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff dates for all countries remains set at November 1, 2020. The only change from the April 2024 Visa Bulletin is that the same date now applies to EB4 for certain religious workers, as the program has once again been extended by Congress.

Employment-Based, Fifth Preference (EB5) Category

In the EB5 category, China’s unreserved (i.e., EB5 immigrant visa numbers not set aside for rural, high unemployment, and infrastructure projects) cutoff date remains set at December 15, 2015. India’s unreserved cutoff also remains unchanged at December 1, 2020. EB5 remains current for all other EB5 categories and countries of chargeability.

Conclusion

MurthyDotCom will continue to closely monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to receive weekly updates sent directly to your inbox.

 

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The post May 2024 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

Do you have a green card and have to work abroad for one year or more? You may be able to file Form N-470 to preserve continuous residence to qualify for citizenship if your employment meets certain criteria. Contact us to see if this option is right for you.

The post Preserving Continuous Residence for Naturalization while Abroad appeared first on Murthy Law Firm | U.S Immigration Law.

A student in F-1 status with initial optional practical training (OPT) authorization may meet the employment requirements by engaging in self-employment as an alternative option from the standard employment relationship. For a student interested in such an alternative or who is otherwise interested in starting a business, here are the key points to consider:

• It is possible to be self-employed during the first year of OPT, if the nature of the business directly relates to the student’s degree program and the student is actively engaged in the business. Self-employment is not permitted during a 24-month STEM OPT extension.
• A self-employed student must work at least 20 hours per week.
• The student should be able to provide details on the nature and duration of the self-employment and the hours worked for the business if requested by any government agency. It is useful to keep a journal of the business activity throughout the self-employment period as well as save all important business documents (e.g., client contracts, business marketing analysis, internal business product development).
• Self-employment while on OPT is likely to be reviewed closely by the U.S. Immigration and Customs Enforcement (ICE) or the U.S. Citizenship and Immigration Services (USCIS), depending on any future immigration benefit sought. Therefore, it is important to consider the risks and discuss the possibilities with an immigration attorney.

Your Takeaway

Self-employment can be a viable option for students who have difficulty finding traditional employment during the first year of F-1 OPT. Other alternative employment options for students are explained in the MurthyDotCom NewsBrief F-1 OPT Employment Options and Requirements for Students (07.Jul.2023), and should be discussed with a qualified immigration attorney prior to being pursued.

 

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The post Murthy Snapshot: Self-Employment for F-1 OPT Students appeared first on Murthy Law Firm | U.S Immigration Law.