10
Aug
2016
Motions to Reopen / Reconsider and Appeal
This MurthyDotCom InfoArticle has been updated for our readers. Please find the new version here....
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30
Jun
2016
Students Should Not Travel During Cap-Gap Period
Originally published May 5, 2013, this NewsBrief has been updated for MurthyDotCom readers.The term "cap gap" refers to the period of time between April 1st and October 1st each year when many F-1 students experience a gap from the end of their optional practical training...
16
Jun
2016
July 2016 Visa Bulletin: Explanations and Predictions
The U.S. Department of State (DOS) monthly visa bulletin check-in comes directly from Charles Oppenheim, Chief of the Visa Control and Reporting Division. The information related to the July 2016 Visa Bulletin provides a more detailed explanation for current developments, as well as predictions for...
15
Jun
2016
Voluntary Relinquishment of U.S. Citizenship
There is a small, but growing trend of U.S. citizens electing to relinquish their U.S. citizenship. The motivations for expatriation vary, ranging from concerns over U.S. tax obligations to a desire for family unity. Regardless of the reasons, however, the most common voluntary renunciation of...
14
Jun
2016
USCIS Returning H1B Cap Petitions Not Selected in Lottery
On June 13, 2016, the Murthy Law Firm received the first few packages containing H1B filings returned as not having been selected in the fiscal year 2017 (FY17) random H1B lottery. More than a month has elapsed since the firm last received any new H1B...
14
Jun
2016
Tony Awards Honor Plays and Musicals Exploring Immigration
This past Sunday marked the 70th annual Tony Awards, a live show honoring achievements in Broadway theater productions. This year's show, which was broadcast by CBS from the Beacon Theatre in New York City and hosted by actor James Corden, garnered its highest ratings in...
13
Jun
2016
My employer filed an H1B extension right before my I-94 expired. My EB1(a) I-140 was then approved. Do I have to wait for the H1B to be approved before I can file my I-485?
Answer Generally speaking, it is possible to file an I-485 after one's I-94 has expired and an H1B extension is pending. However, in order for the I-485 to be approved, there cannot be a gap of more than 180 days between the filing and an approved...
13
Jun
2016
I am on OPT. Can my employer initiate an EB2 case for me now? If so, can the case be filed for premium processing so that I don’t need to apply for H1B next year?
Answer An employer could start an EB2 case for a qualified person on OPT. There is no PP for PERM filings, though. It is a long process. (13.Jun.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
13
Jun
2016
Any updates on the I-140 EAD proposal?
Answer There is nothing particularly new in this regard, other than what was posted a while ago about the OMB process. These things take a lot of time and need multiple internal government approvals. But, even if the rule is finalized, you should review our NewsBrief...
13
Jun
2016
I received an H1B visa stamp from my previous employer. That visa is in my old passport, which is now expired. Do I need to go for stamping again?
Answer If the H1B visa "stamp" is unexpired, it can be used to reenter with a new employer's I-797 petition approval. It is possible to travel with a new passport and use a visa in an old, expired passport. Just show both documents to the immigration...