Attorney_22

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About Attorney_22

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  1. This week, Murthy Law Firm attorneys will answer questions regarding the new form I-485 supplement J. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual
  2. If accepted in the lottery, it is very likely you will receive the Receipt Notice in time to update the I-20.
  3. Due to the volume of PP petitions, the delay is expected. In regards to your first question, the new memo may affect you. However, level I wages are a larger concern.
  4. The policy memo is limited to computer programmers and job code 15-1131, therefore it should not affect your current H1B petition.
  5. You will need to review the H1B petition filed on your behalf to confirm the job code and the wage level. Even if you have a Master's degree and experience, if the H1B petition is for a computer programmer level 1, you may still have issues.
  6. If the position requires an H1B cap-subject petition that was not already filed within the first week of April, your employer will need to wait until next cap-season (April 2018 for an October 1, 2018 start date.) It may be advisable to discuss this matter directly with your H1B attorney to discuss other possibilities.
  7. No, it is not too early to start the process. Generally, there are steps that are required at the beginning of the process, such as prevailing wage requests, that can be started without potentially interfering with your F status.
  8. Yes, this policy memo will affect H1B amendments and H1B transfers. A job title is not the sole focus of an H1B petition, an analysis of the job duties and the corresponding job code is necessary.
  9. It is possible the new memo will affect your visa stamping, but to discuss your specific circumstances it is best to schedule a consult with on of our attorneys. The following article may also be helpful: https://www.murthy.com/2017/04/03/new-uscis-memorandum-regarding-computer-programmer-positions/
  10. This week, Murthy Law Firm attorneys will answer questions regarding how the recent USCIS memo may impact H1B petitions for computer programmers. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.
  11. Yes, the cap-gap provisions will allow continued employment passed the April 29th expiration until either the petition is not picked in the lottery and returned, the case is denied, or if approved, the work authorization will continue until October 1, 2017 (assuming the start date of the H1B petition is October 1, 2017).
  12. Generally, a cap-subject petition will begin on October 1, 2017, but there may be other options/limitations that are applicable to your situation. Therefore, it may be advisable to speak directly with your H1B attorney, or you can give the Murthy Law Firm a call.
  13. This week, Murthy Law Firm attorneys will answer questions regarding the H1B cap-gap provisions. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.
  14. The H1B program requires a clear employer/employee relationship and bona fide employment through evidence of the current need for the H1B employee. Generally, when an employer employs the vast majority of their workforce in-house it is unlikely there will be issues regarding the relationship and the current need. However, in the context of IT consulting, where the vast majority of the workforce is deployed at client sites, USCIS is more likely to question the legitimacy of an Employer's statement that they have sufficient in-house work to require additional workers. Therefore, 2016 saw an increase in denials of H1B petitions when USCIS considered evidence insufficient of the IT in-house project.
  15. This week, Murthy Law Firm attorneys will answer questions regarding in-house projects in the H1B context. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.