mlfadmin, Author at Murthy Law Firm | U.S Immigration Law

05 Feb 2016

I recently graduated from my university, and have an application for optional practical training (OPT) currently pending. Due to a family emergency, I have to travel to my home country. Will my departure affect my OPT application process? What documents do I need to get back into the U.S.?

Answer You should be able to reenter the U.S. once the USCIS approves your application for OPT. Students and Exchange Visitors Program (SEVP) recommends that you make sure the USCIS has a valid U.S. address for you, to which it can send important correspondence regarding your...

08:49 / FAQs / Student

04 Feb 2016

MurthyOnline: Virtual Communities & Social Media

The methods we use to get information have changed tremendously over the two decades since MurthyDotCom (www.murthy.com) first went online. Now we check our phones before our feet hit the floor in the morning, but it isn't phone calls we're looking for. We want to...

04 Feb 2016

February 2016 Visa Bulletin: Insights and Predictions

The U.S. Department of State (DOS) provides visa bulletin insights each month through Charles Oppenheim, Chief of the Visa Control and Reporting Division. The information from Mr. Oppenheim for February, which was released later than usual, includes a discussion about the DOS visa applicant wait...

08:17 / AOS/CP / AOS/CP (Family) / NewsBrief / PERM Labor / Visa Bulletin

02 Feb 2016

Proposed DHS Regulation Provides Additional Grace Periods

The rule proposed by the U.S. Department of Homeland Security (DHS) on December 30, 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, includes a number of different provisions. While parts of the proposed rule are disappointing,...

08:07 / For Employers / For Individuals / H1B / Homeland Security / L-1 / NewsBrief / Worker

01 Feb 2016

If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved?

Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...

08:43 / Employment Based / FAQs / Resident / Worker

01 Feb 2016

I am a GC holder and am planning a trip abroad. My passport will be expiring a few weeks after my expected return date. Is it mandatory that I have at least 6 months remaining on my passport in order to return to the U.S.?

Answer No, there is no such requirement for permanent residents. In fact, technically, GC holders aren't supposed to have to show a passport when returning to the United States. But, obviously, that is not a good idea ...

08:41 / FAQs / Resident / Travel

01 Feb 2016

I have an approved I-140 with my previous employer. Can I file an I-485 based on future employment letter?

Answer GCs are always for future employment. So, yes, if the PD is current, the I-485 could be filed based on a future employment letter. However, it is best to get some advice as to the likelihood of success in such cases - and the steps...

08:39 / Employment Based / FAQs / Resident

01 Feb 2016

After moving from H1B to H-4 status, how can I later return to H1B?

Answer In most situations, it is necessary for an employer to file an H1B petition. This filing would request a change of status from H-4 to H1B, and would be cap exempt (assuming the prior H1B was cap subject and that you still have H1B time...

08:38 / FAQs / Worker

01 Feb 2016

I have been working pursuant to the optional practical training (OPT) authorization, which will expire in June. My brother in India is getting married in late April, and I would like to travel home for about a week to attend his marriage ceremony. …

... My employer told me that they would file my H1B petition requesting a change of status to H1B and that I can continue working based on the cap-gap rule until the requested start date of October 1st. Will I be able to come back...

08:13 / FAQs / Student

01 Feb 2016

Passport Requirements Changed 25.Nov.2015 – 20-Year Indian Passports Should be Replaced

Under a deadline set by the International Civil Aviation Organization (ICAO), as of November 25, 2015, all passports are required to meet machine-readable standards. Foreign governments are not required to accept passports that do not meet these standards. This includes Indian passports issued with validity...

08:07 / For Families / For Individuals / NewsBrief / Travel / Visitor

Murthy Law Firm

I recently graduated from my university, and have an application for optional practical training (OPT) currently pending. Due to a family emergency, I have to travel to my home country. Will my departure affect my OPT application process? What documents do I need to get back into the U.S.?

MurthyOnline: Virtual Communities & Social Media

February 2016 Visa Bulletin: Insights and Predictions

Proposed DHS Regulation Provides Additional Grace Periods

If someone uses all 6 years of H1B time, would they be able to file for a new cap-exempt H1B after getting an I-140 approved?

I am a GC holder and am planning a trip abroad. My passport will be expiring a few weeks after my expected return date. Is it mandatory that I have at least 6 months remaining on my passport in order to return to the U.S.?

I have an approved I-140 with my previous employer. Can I file an I-485 based on future employment letter?

After moving from H1B to H-4 status, how can I later return to H1B?

I have been working pursuant to the optional practical training (OPT) authorization, which will expire in June. My brother in India is getting married in late April, and I would like to travel home for about a week to attend his marriage ceremony. …

Passport Requirements Changed 25.Nov.2015 – 20-Year Indian Passports Should be Replaced

Murthy Law Firm

MurthyIndia

About Us

Legal

Government