Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...
Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Ordinarily, travel has no impact on a pending or approved PERM LC. (09.Mar.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...
The U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance related to employment authorization for F-1 nonimmigrant students who qualify for special student relief (SSR) based on severe economic hardship. More specifically, the guidance serves to clarify the maximum length of time the...
When an H1B visa foil (commonly referred to as a visa 'stamp') is issued, the consular officer typically annotates the visa with the petition number and expiration date of the I-797 approval notice presented at the U.S. consular post abroad. At the time of admission...
Answer The visa is an entry document. Typically, it must be valid at the time the person requests admission to the United States. Once admitted, however, the visa expiration date typically has no impact on the person's status. A person's B-1/B-2 status expiration date normally is...
Answer If you have been counted against the H1B cap and then move into a job working for a cap-exempt employer, this typically would have no impact on your ability to later return to a cap-subject employer. (02.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that...
Answer An employer can file H1B registrations with or without an attorney. The registration process is fairly straightforward, so it is fairly common for employers to handle this part of the process on their own. And yes, an employer can use an attorney to file the...
H1B cap filing season is nearly upon us, and the U.S. Citizenship and Immigration Services (USCIS) again will use the electronic registration system, which was first implemented in March 2020. Below are answers to several frequently asked questions sent by both foreign nationals and prospective...
On February 14, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual that significantly improves the protections offered by the Child Status Protection Act (CSPA). Per the new guidance, in certain circumstances, CSPA age determinations may be based...
