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Teleconference: Visas and Travel in the Current Climate

Wed, 04/07/2021 - 21:00

Details for this teleconference will be forthcoming.

Employers and their representatives are invited to participate in the teleconference scheduled for April 07, 2021 – another in this series designed especially for them. Find out how to register here.

 

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The post Teleconference: Visas and Travel in the Current Climate appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: H1B Cap Registration

Wed, 03/03/2021 - 19:07

Details for this teleconference will be forthcoming.

Employers and their representatives are invited to participate in the teleconference scheduled for March 03, 2021 – another in this series designed especially for them. Find out how to register here.

 

Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved

The post Teleconference: H1B Cap Registration appeared first on Murthy Law Firm | U.S Immigration Law.

NewsFlash! USCIS Will Not Implement Wage-Based H1B Registration System Before Next Year

Fri, 02/05/2021 - 00:29

Tomorrow, the U.S. Department of Homeland Security (DHS) will publish a rule in the Federal Register that will serve to delay implementation of the January 8, 2021 final rule that had been slated to significantly alter the H1B registration system. Under the now-delayed rule, which was rushed through in the final weeks of the Trump Administration, registrations would have been ranked based on the wage level of the proposed position. Now, the U.S. Citizenship and Immigration Services (USCIS) will instead use the same H1B registration system implemented last year.

The rule to convert the registration process to a wage-based system is being delayed until December 31, 2021. In the meantime, the Biden Administration will review the rule and possibly take steps to modify or eliminate it.

 

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The post NewsFlash! USCIS Will Not Implement Wage-Based H1B Registration System Before Next Year appeared first on Murthy Law Firm | U.S Immigration Law.

I am in H1B status working from my home office. My client is about to change, but I will continue to work from home. My employer says we therefore do not need to file an H1B amendment. Is that correct?

Thu, 02/04/2021 - 16:32
Answer

Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment generally must be filed.  (04.Feb.2021)

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 © 2021, MURTHY LAW FIRM. All Rights Reserved

The post I am in H1B status working from my home office. My client is about to change, but I will continue to work from home. My employer says we therefore do not need to file an H1B amendment. Is that correct? appeared first on Murthy Law Firm | U.S Immigration Law.

My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires?

Thu, 02/04/2021 - 16:30
Answer

Yes, this generally is permissible. International travel ordinarily does not impact a pending H1B extension. (04.Feb.2021)

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 © 2021, MURTHY LAW FIRM. All Rights Reserved

The post My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires? appeared first on Murthy Law Firm | U.S Immigration Law.

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Thu, 02/04/2021 - 16:26
Answer

In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)

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 © 2021, MURTHY LAW FIRM. All Rights Reserved

The post I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa? appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: H1B Cap Petitions: Practical Tips for Filing

Wed, 02/03/2021 - 21:00

Tips for the upcoming H1B cap season, and the latest trends from the current Administration, including reminders on the H1B registration requirement, are the topic for the February 20201 teleconference.

Employers and their representatives are invited to participate in the teleconference scheduled for February 03, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: H1B Cap Petitions: Practical Tips for Filing appeared first on Murthy Law Firm | U.S Immigration Law.

Biden to Sign Three Immigration-Related Executive Orders Today

Tue, 02/02/2021 - 19:55

Today, President Joe Biden will sign three immigration-related executive orders (EOs). These EOs largely serve to undo various immigration policies and practices implemented by the Trump Administration. The first two EOs focus on the previous administration’s efforts related to undocumented immigrants and asylum seekers, while the third EO seeks to reverse policies that have created roadblocks in the legal immigration system.

Reunification of Families

The first EO creates a task force charged with reunifying families who were separated under the previous administration’s immigration policies. There are still hundreds of children in U.S. custody after being taken from undocumented parents seeking to enter the United States. Alejandro Mayorkas, who is expected to be confirmed today by the U.S. Senate to serve as the Secretary of Homeland Security, will lead the task force.

Develop Strategy to Address Irregular Migration Across Southern Border

The second EO seeks to create a comprehensive plan to address migration across the U.S.-Mexico border. President Biden is looking to reverse the Trump Administration’s hardline approach to ensure “safe, lawful, and orderly migration in the region.”

Restore Faith in Legal Immigration System

Finally, the third EO aims to undo policies established by the Trump Administration that have made the legal immigration system more challenging. While few specifics are provided in the EO, it does order a “top-to-bottom review of recent regulations, policies, and guidance that have set up barriers to our legal immigration system.”

Conclusion

With Mr. Mayorkas expected to take the helm of the U.S. Department of Homeland Security (DHS) later today, the hope is that stakeholders will begin to see some positive changes in the coming months. From the employment-based perspective, everything from the colossal delays in processing times to the harsh and inconsistent adjudication standards in recent years must be addressed in order for the United States to return to its place as a magnet for the best and brightest talent the world has to offer.

 

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Biden to Sign Immigration Executive Order Tuesday

Sat, 01/30/2021 - 00:00

President Biden is expected to sign an executive order (EO) on Tuesday, February 2, 2021 to modernize the U.S. immigration system. No further details on the forthcoming executive order have been provided.

The President had been scheduled to sign this EO today, but delayed it until after the Senate’s confirmation vote for Alejandro Mayorkas, who is Biden’s nominee for the Director of the U.S. Department of Homeland Security (DHS). Mayorkas is expected to be confirmed by the Senate on Monday evening.

In related news, the President signed an EO earlier this week, entitled “Ensuring the Future Is Made in All of America by All of America’s Workers,” that seeks to encourage federal agencies to purchase goods made in America. One of the provisions in this order rescinds the “Buy America, Hire American” executive order signed by Trump in 2017. The “Hire American” portions of this now-rescinded executive order led to a number of policies that created additional roadblocks for foreign nationals seeking admission in various nonimmigrant categories, including H1B, L-1, E-2, and F-1.

 

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