Faq - Murthy Law Firm | U.S Immigration Law

30 Mar 2015

I signed an agreement with my employer that says I have to reimburse the company for all H1B expenses if I leave within a set amount of time. Is this legal? Can they sue me if I refuse to pay?

Answer An employer cannot impose a "penalty" against an employee who leaves the company before the end of the H1B term. Employers can, however, include a "liquidated damages" clause in an employment contract to recover certain expenses. The federal regulations explain that "The distinction between liquidated...

16:22 / FAQs

27 Mar 2015

I have been working on OPT as an unpaid intern undergoing training on my employer’s tools and internal procedures before I could be hired as a regular employee. After several months on OPT without pay, …

... my employer filed an H1B petition on my behalf, requesting a status change from F-1 to H1B. However, the USCIS issued a request for evidence (RFE) asking to show proof that I have been maintaining status by being gainfully employed while on OPT. I...

23:04 / FAQs

23 Mar 2015

Can a company with only one employee sponsor an H1B worker?

Answer Yes, it is possible for new or very small companies to file H1B petitions. We represent start-up companies regularly. What is needed is proof that there really is work for the sponsored H1B person to perform. (23.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and...

15:14 / FAQs

23 Mar 2015

If my PERM application is denied, do I still get to retain the priority date?

Answer No, the priority date is not "locked in" and available for a subsequent case unless the I-140 is approved. The priority date is the date the PERM is filed, but if the PERM isn't approved, there is no way to retain that date later. (23.Mar.2015)In...

15:11 / FAQs

23 Mar 2015

I have been visiting my boyfriend in the U.S. for the past 3 months in B-2 status. We have decided to get married. Is it okay to apply for a change of status to H-4 from within the U.S., or do I need to apply abroad?

AnswerThis would be best to go over in a consultation. There are issues of intent at entry that would need to be cleared. There are also questions about the contents of the visa application if it was made just before this trip. It is important...

15:10 / FAQs

23 Mar 2015

I am currently in the U.S. in H1B status. Can I file an I-485 if my U.S. citizen sibling sponsors me for a green card?

Answer USC siblings can file I-130 petitions in the family-based, 4th preference category. The I-485 cannot be filed concurrently with these cases, as the priority dates are backlogged for many years. The I-485 must wait until the particular case's priority date is current; for FB4, that...

15:08 / FAQs

16 Mar 2015

I am on H1B and transferred from Employer A to Employer B. I’ve only been working for Employer B for about 1 month and now wish to return to Employer A. Is this possible?

Answer Returning to a prior employer is allowed under the concept of the dormant petition. In this example, with only a month between the transition, it is likely safer than in other situations involving much longer timeframes. This is, of course, assuming that Employer A has...

14:12 / FAQs

16 Mar 2015

Can I file a new PERM while my current one is under audit?

Answer The answer to this question depends upon whether the second PERM is being filed by the same employer or a different employer. If it is a different employer, that is possible. Otherwise, the first PERM has to be withdrawn before filing again with the same...

14:10 / FAQs

16 Mar 2015

If I change from H1B to H-4 and then obtain an EAD under the new rule, will my time working on the H-4 EAD count against my 6 years of H1B time?

Answer No, time spent in H-4 status, even with an EAD, is not counted against the H1B 6-year time limit. (16.Mar.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,...

14:06 / FAQs

16 Mar 2015

What could be the reasons for a PERM audit?

Answer Many PERM audits are simply random audits. This is done just to verify that employers are actually complying with the PERM recruitment requirements. Then, there are audits because the job requirements exceed the DOL norm for that category. There are other issues that can increase...

14:03 / FAQs

Murthy Law Firm

I signed an agreement with my employer that says I have to reimburse the company for all H1B expenses if I leave within a set amount of time. Is this legal? Can they sue me if I refuse to pay?

I have been working on OPT as an unpaid intern undergoing training on my employer’s tools and internal procedures before I could be hired as a regular employee. After several months on OPT without pay, …

Can a company with only one employee sponsor an H1B worker?

If my PERM application is denied, do I still get to retain the priority date?

I have been visiting my boyfriend in the U.S. for the past 3 months in B-2 status. We have decided to get married. Is it okay to apply for a change of status to H-4 from within the U.S., or do I need to apply abroad?

I am currently in the U.S. in H1B status. Can I file an I-485 if my U.S. citizen sibling sponsors me for a green card?

I am on H1B and transferred from Employer A to Employer B. I’ve only been working for Employer B for about 1 month and now wish to return to Employer A. Is this possible?

Can I file a new PERM while my current one is under audit?

If I change from H1B to H-4 and then obtain an EAD under the new rule, will my time working on the H-4 EAD count against my 6 years of H1B time?

What could be the reasons for a PERM audit?

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