11 Jan 2024

The first PERM case my employer filed for me was denied. If the same employer files another case for me for a different position, will that automatically result in my case being audited?

Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...

04 Jan 2024

I earned my 3-year bachelor’s degree (BSC) and 3-year master’s degree (MCA) from India. I also have about a decade of work experience related to my field of study. Can my PERM case be filed as EB2?

Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

04 Jan 2024

I am working in H1B status for Employer A. Employer B filed a change-of-employer petition for me, which was approved. When I went to give my two-week notice to Employer A, however, they offered me a raise and some additional benefits, so I decided to stay in my current job. Are there any immigration complications created by not joining Employer B?

Answer No. From the H1B worker's perspective, there generally is no immigration harm in failing to join the new employer. Employer B has certain obligations (e.g., withdrawing the approved petition when the worker fails to join the company). But, regardless of whether Employer B takes care...

20 Dec 2023

I am currently working in H1B status as a mobile developer, and I have been offered a position in cybersecurity. Is it true that there is a higher chance of an RFE and/or denial if an H1B change-of-employer is filed where the person will be moving to a different field?

Answer The fact that an H1B worker is moving to a different field really has no bearing. Assuming the individual meets the requirements for the position, and the other basic H1B requirements are met, there really is no need to worry about the fact that the...

20 Dec 2023

My I-140 was denied and my employer is appealing the decision. Meanwhile, I need to travel to India for an urgent personal matter. Will this travel harm the chances of my appeal being approved?

Answer Traveling typically would have no impact on a pending appeal of an I-140. (20.Dec.2023)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 © 2023, MURTHY LAW FIRM. All Rights...

20 Dec 2023

NewsFlash! Details of Domestic Visa Renewal Program Released

The details of the U.S. Department of State (DOS) pilot program to resume renewals of H1B visas from within the United States have been released, and will be officially published in the Federal Register tomorrow. The program will begin accepting applications on January 29, 2024....