Shay Taylor, Author at Murthy Law Firm | U.S Immigration Law

26 Jul 2016

I left the U.S. in the middle of my program of study in F-1 status because of a family emergency. I am ready to return to the U.S. this afternoon, after being outside for one week, but I just realized that my I-20 has not been signed by my DSO for travel. Will I be able to reenter the U.S.?

Answer A student returning to the U.S. without all of the required travel documents may be denied entry. However, immigration inspectors have discretion to admit students in these cases for up to 30 days with a I-515A form. In such cases, in order to convert 30-day...

25 Jul 2016

Is a new PERM required for change in job to a different office with same company and same city?

Answer The answer depends upon how much the job has changed. The PERM sets out a specific job. If the job itself has changed so that it is outside the scope of the PERM LC, then a new PERM would be needed, regardless of the location....

20:31 / Employment Based / FAQs / Resident

25 Jul 2016

My current EAD, based on my pending I-485, expires in 8 months. Can I apply for EAD renewal now and then leave the U.S. for vacation?

Answer The EAD extension can be filed 120 days in advance of the expiration. It is ok to travel outside the U.S. while the EAD is pending, but it is necessary to consider how one will reenter. The EAD is a work authorization document, not a...

20:26 / Employment Based / FAQs / Resident / Travel

25 Jul 2016

I am on OPT and have a valid F-1 visa. My H1B was selected in this year’s lottery and that case is still pending. Can travel to India while the H1B petition is pending?

Answer It is possible to travel while the H1B is pending. However, the request to change status will be abandoned. This means that, in order to actually change to H1B, it would typically be necessary to travel again and request the H1B visa 'stamp' at the...

20:22 / FAQs / Student / Travel / Worker

25 Jul 2016

Currently my H1B is under processing and I’m on cap-gap. I just applied for a master’s program at a different university. Does the new SEVIS ID effect the current H1B processing?

Answer Since you are on cap-gap, the SEVIS is still active. Thus, there would not be a new SEVIS number with the new school. Rather, the school would transfer the SEVIS record if accepted. This would not impact the H1B, as it is simply a continuation...

20:17 / FAQs / Student / Worker

25 Jul 2016

Ombudsman Report on Suggested Improvements for USCIS

Every year, the Citizenship and Immigration Services (CIS) Ombudsman submits a report to the U.S. Congress on the state of immigration services within the Department of Homeland Security (DHS). This report is a key component of the CIS Ombudsman's role. The Ombudsman's office reviews U.S. Citizenship...

12:28 / AOS/CP / Citizen / Employment Based / For Individuals / Homeland Security / NewsBrief / Resident

20 Jul 2016

President Signs Law to Improve Freedom of Information

On June 30, 2016, President Obama signed a law aimed at strengthening the Freedom of Information Act (FOIA). The Freedom of Information Improvement Act of 2016 implements policies to increase the transparency by the U.S. federal government. These important changes come on the eve of...

17:43 / For Employers / For Families / For Individuals / Homeland Security / Legislation / NewsBrief

19 Jul 2016

New Interactive Computer Model Graphs How Changes to Immigration Policy Would Impact the U.S.

As we delve deeper into election season, the subject of immigration reform is poised to remain a hot button issue. Candidates are asked to lay out their respective positions on questions ranging from 'What should we do with the 11 million undocumented foreign nationals currently...

20:41 / Blog / Immigration

18 Jul 2016

Can I travel abroad for a week while waiting for a decision on a naturalization application?

Answer A naturalization applicant can engage in routine travel. The applicant must meet the physical presence and residency requirements at the time of filing, as well as the continuity requirements; and, the applicant must continue to meet these requirements until s/he is granted U.S. citizenship. So,...

17:27 / Citizen / FAQs / Travel

18 Jul 2016

I signed an offer letter with my current H1B employer that includes a 2-year commitment. I am not happy with my work conditions and now wish to move to a different employer. Will USCIS deny a change of employer request because of the offer letter?

Answer Immigration law does not prevent people from making changes due to contracts, etc. The USCIS does not get involved with these matters. Immigration laws prohibit employers from penalizing H1B workers for making job changes. Check with an employment lawyer about the enforceability of the agreement....

17:18 / FAQs / Worker

Murthy Law Firm

I left the U.S. in the middle of my program of study in F-1 status because of a family emergency. I am ready to return to the U.S. this afternoon, after being outside for one week, but I just realized that my I-20 has not been signed by my DSO for travel. Will I be able to reenter the U.S.?

Is a new PERM required for change in job to a different office with same company and same city?

My current EAD, based on my pending I-485, expires in 8 months. Can I apply for EAD renewal now and then leave the U.S. for vacation?

I am on OPT and have a valid F-1 visa. My H1B was selected in this year’s lottery and that case is still pending. Can travel to India while the H1B petition is pending?

Currently my H1B is under processing and I’m on cap-gap. I just applied for a master’s program at a different university. Does the new SEVIS ID effect the current H1B processing?

Ombudsman Report on Suggested Improvements for USCIS

President Signs Law to Improve Freedom of Information

New Interactive Computer Model Graphs How Changes to Immigration Policy Would Impact the U.S.

Can I travel abroad for a week while waiting for a decision on a naturalization application?

I signed an offer letter with my current H1B employer that includes a 2-year commitment. I am not happy with my work conditions and now wish to move to a different employer. Will USCIS deny a change of employer request because of the offer letter?

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