Answer If the marriage occurs BEFORE getting the GC, then the spouse is eligible as a derivative beneficiary in the GC case. The case would be filed as a "follow to join." The F2A case would not be required (although in some situations, with retrogression, it...
The U.S. Department of State (DOS) is experiencing technical problems that are causing delays in issuance of U.S. visa "stamps," as well as some U.S. passports. DOS advises that the problems are not limited to any specific country or visa category.The visa delays are the...
Answer LCAs cover a metropolitan statistical area (MSA). If the move is within that area, and there are no other material changes to the job, it is not necessary to amend the petition. If it is in the same MSA, the LCA has to be posted...
Answer No. The employer can request revocation of the I-140 at any time prior to the approval of the GC. However, in an AC21 GC portability situation, the revocation by the employer does not end the eligibility for GC approval. (15.Jun.2015)In frequent sessions of our Chat,...
The Murthy Law Firm filed an amicus curiae (friend of the court) brief with the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO), urging for a long-needed change in interpretation and policy. The issue centers on recognition of rights of immigrant petition (form...
Attorney The I-140 does not get ported to a new company. The I-140 employer petition is company specific. The exception to this is in a case where there is a sufficient connection between the companies OR the I-485 has been filed / pending for at least...
... Today, my employer received a request for evidence (RFE), issued by USCIS, on the pending H1B petition. My employer is now saying that it is unlikely that my H1B petition will be approved. Can I apply for the 17-month STEM extension of my OPT...
Murthy Law Firm attorneys provide an overview of common issues related to upgrading from EB3 to EB2. They discuss educational equivalency issues, priority date retention and the use of exceptional ability to qualify for an EB2 upgrade. This June 3, 2015 teleconference is from our...
A nationwide, class action lawsuit has been filed against the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) for delays in the adjudication of employment authorization documents (EADs). This lawsuit, captioned Northwest Immigrant Rights Project (NWIRP) v. USCIS, asserts...
This morning, the U.S. Department of State (DOS) released the July 2015 Visa Bulletin. The employment-based, second preference (EB2) category for people born in India sees no movement, leaving the cutoff date at October 1, 2008. EB2 China, on the other hand, moves ahead by four...
