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09 Sep 2021

I am currently in the U.S. and have an approved I-140. I also recently was granted permanent residency in Canada. I would like to work for the U.S. company from Canada, so that I may apply for Canadian citizenship in a few years. Will moving to Canada for a few years impact my I-140?

Answer Generally speaking, leaving the U.S. would have no direct impact on one's approved I-140.  (09.Sep.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...

11:24 / FAQs / For Individuals / Travel / Worker
09 Sep 2021

I am in H1B status and have an EAD based on my pending I-485. If my H1B extension is denied, can I start working based on my EAD, or would the denial of the H1B also result in my EAD being canceled?

Answer Generally speaking, an H1B denial would not impact the validity of an EAD issued based on a pending I-485 application.  (09.Sep.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...

11:21 / FAQs / For Individuals / Worker
09 Sep 2021

Several years ago, my U.S. citizen sister sponsored me for a green card. I now have an employer starting the PERM process for me. Do I need to withdraw the I-130 filed by my sister?

Answer Ordinarily, being sponsored by a family member for a green card would not impact an employer's ability to sponsor you. (09.Sep.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...

11:18 / FAQs / For Individuals / Resident / Worker
02 Sep 2021

I am currently in the U.S. and have a valid H1B visa. I wish to travel to India, but I am worried I may get stuck there. Can I apply for a national interest exception (NIE) while I am still in the U.S.?

Answer Unfortunately, the answer appears to be no. Until very recently, it seemed possible to apply for an NIE before traveling abroad. However, the U.S. Embassy in India recently updated its webpage to indicate that "[w]e cannot pre-adjudicate NIEs for applicants not currently in India."  (02.Sep.2021)Sheela...

07:25 / FAQs / For Individuals / Travel / Worker
02 Sep 2021

The U.S. Consulate in Chennai issued me an F-1 visa last week, but it does not contain an annotation verifying that I have an NIE. Do I need to go back to the consulate to get this corrected?

Answer This should not be a cause for concern. F-1 students now are generally eligible for blanket waivers. Therefore, no annotation is needed.  (02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:20 / FAQs / For Individuals / Student / Travel / Worker
02 Sep 2021

My H1B was selected in the first lottery, and the petition was approved. During the second lottery, a registration filed for me by a different employer was selected. I would prefer to work for that employer. Can they file an H1B for me?

Answer Generally speaking, having an H1B cap case approved through one company would not prevent a second company with a selected registration from filing an H1B for the same individual.(02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:16 / FAQs / For Employers / For Individuals / Worker