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31 Jul 2024

I saw the announcement that the master’s cap was reached, but that the USCIS would be holding a second lottery for the regular cap. My case was filed for the master’s cap. Does that mean my case won’t be eligible for the second lottery?

AnswerGenerally speaking, if a case was filed in the master's cap but not selected, it is then placed in the lottery for the regular cap. Now, with a second lottery being conducted for fiscal year 2025 cap cases, both the regular and master's cap cases...

04:46 / FAQs / For Employers / For Individuals / H1B / USCIS News / Worker
24 Jul 2024

My employer filed an I-140 for me, which is currently pending. I have only spent about 60 days in total in the U.S. since the I-140 was filed. Is there a rule that I must complete at least 180 days in the U.S. in order for the I-140 to be approved?

Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at all...

07:40 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
24 Jul 2024

I applied for the 24-month STEM OPT extension and it is still pending. However, I recently was laid off from my employment and received a new job offer from another company. Can I inform USCIS that I changed employers? Am I still eligible for STEM OPT approval?

Answer As long as your new employer is registered with E-Verify and the new job offer is for at least 20 hours per week, you should have a new Form I-983 completed with your new employer and provide it to your DSO. This should enable the...

07:37 / FAQs / For Individuals / Student
24 Jul 2024

I have been a green card holder for nearly ten years, and my green card will expire in a few months. I am finally going to apply to become a U.S. citizen. Do I need to also submit an application to renew my green card while I wait for my naturalization case to be approved?

Answer There probably is no need to file a separate application to renew your green card. After filing an application for naturalization (form N-400), the USCIS will issue a receipt notice that automatically extends the validity of one's existing green card for 24 months. (24.Jul.2024)Sheela Murthy...

07:29 / Citizen / FAQs / For Individuals / Resident
17 Jul 2024

My H1B visa is valid through 2026, but my Indian passport expires in three months. Can I still use it to enter the U.S., or does the passport have to be valid for at least six months?

Answer Generally speaking, an Indian passport may be used to request admission to the U.S., through the expiration date of the document. However, the I-94 issued at the U.S. port of entry likely will be issued only through your passport expiration date.  (17.Jul.2024)Sheela Murthy and other...

07:52 / FAQs / For Individuals / Travel / Worker
17 Jul 2024

I am a partner at a medium-sized generics pharmaceutical company in India. We also have a small operation in the U.S. Are there any visa categories, other than H1B, that can be used for us to bring workers to the U.S.?

Answer Yes, the most likely category is L1A for managers and executives and L1B for employees with specialized knowledge. In recent years, the Murthy Law Firm has been working with a growing number of companies involved in generic pharmaceuticals to help them file L-1 petitions. The...

07:49 / FAQs / For Employers / For Individuals / Worker
10 Jul 2024

My H1B lottery case is pending. I have an emergency and need to fly back to India. Is it true that, if I leave, my status request will be denied?

Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...

17:27 / FAQs / For Employers / For Individuals / Travel / Worker
10 Jul 2024

I am currently on H1B status. A good friend of mine owns a business, and he has offered to have his business file a PERM case for me. Is this allowed?

Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...

17:24 / Employment Based / FAQs / For Employers / For Individuals / Resident
10 Jul 2024

I have an H1B visa in my Indian passport. I recently became an Australian citizen. Is it possible to transfer the visa to my Australian passport, or to travel based on the visa that is in my Indian passport?

Answer Unfortunately, no. There generally is no way to transfer a U.S. visa from one passport to another. In situations where you simply renew a passport issued by the same country, and you have a valid visa in your old passport, it normally is possible to...

17:10 / FAQs / For Individuals / Homeland Security / Travel / Worker