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14 Jul 2016

USCIS Completes H1B Cap Petition Returns

The fiscal year 2017 (FY17) H1B cap season continues to wind down. The U.S. Citizenship and Immigration Services (USCIS) confirmed that the latest stage, the return of all H1B petitions that were not selected in the lottery, was completed on July 8, 2016. Given the...

15:35 / H1B / NewsBrief / Student / USCIS News / Worker
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13 Jul 2016

Murthy Attorneys Succeed in Getting I-485 Denial Reversed, Green Card Issued

The Murthy Law Firm is pleased to report that we were recently successful in reversing a denial issued on an adjustment of status (form I-485) application, leading to our client being issued her long-awaited green card. The applicant faced significant challenges due to a problematic...

11:37 / Employment Based / Resident / Success Story / Worker
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11 Jul 2016

Cutoff Dates Set for EB1 India & China, EB2 Worldwide in Aug 2016 Visa Bulletin

The U.S. Department of State (DOS) released the August 2016 Visa Bulletin this afternoon, and, as expected, it establishes a cutoff date of January 1, 2010 for the employment-based, first preference (EB1) category for those born in India and China. The massive demand for visa numbers...

20:03 / Employment Based / NewsBrief / Resident / Visa Bulletin
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11 Jul 2016

I have been working in F-1 status on OPT. I got married two weeks ago and my husband is in H1B status. His employer has sponsored him for a green card …

... and my husband is now ready to file his application for adjustment of status (I-485 form). If I file my I-485 as his derivative beneficiary, will it terminate my OPT authorization? Answer Generally, an F-1 student does not lose eligibility for F-1 benefits just because s/he...

18:44 / FAQs / Student
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11 Jul 2016

Source of Investment Funds for EB5 Cases

 This MurthyDotCom NewsBrief has been updated for our readers. The latest version can be found here. ...

12:18 / Uncategorized
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11 Jul 2016

Any guesstimate as to when the EB2 India cutoff date may move up to March 2009?

Answer It is nearly impossible to estimate cutoff date movement with any accuracy (other than the type of very short-term predictions provided by the Department of State). What we do know is that the cutoff dates will move forward in October, hopefully to some point around...

11:52 / Employment Based / FAQs / Resident
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11 Jul 2016

I have two H1B petitions approved: one for a full-time position and one for part-time, concurrent employment. Should I include both petitioner and petition numbers in the DS-160?

Answer The visa can only be granted for one petition. But, the other petition is supposed to be noted on the visa; the consular officer must be made aware that there is a second petition. (11.Jul.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...

11:49 / FAQs / Worker
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11 Jul 2016

I have an H-4 EAD. Can I go to school full time and still retain the right to work?

Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...

11:46 / Employment Based / FAQs / Resident / Student / Worker
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11 Jul 2016

Is a person who has worked on H-4 EAD eligible to collect unemployment benefits? What if the former job was performed as a 1099 contractor?

Answer An H-4 spouse who has worked using a valid EAD may be eligible for unemployment benefits. But, it would be necessary to look at the unemployment requirements in your particular state. Note, however, that a contractor is self-employed, and therefore is generally not eligible to...

11:43 / Employment Based / FAQs / Resident / Worker
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01 Jul 2016

I am currently enrolled in a program of study in F-1 status. Due to some family issues, I have to skip the next semester and leave the U.S. for about 6 months. What do I need to do to be able to come back?

Answer You should discuss your situation with your DSO and inform him/her about having to be outside of the U.S. for an extended period. Since you have to leave the U.S. for five months or more, you will need to come back to the U.S. with...

17:25 / FAQs / Student
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