16
Aug
2024
Premature I-485 Approvals
Your priority date must be current when your I-485 is approved! Make sure your green card was not issued prematurely to avoid future complications. Learn more in this MurthyDotCom article....
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HQ
15
Aug
2024
Preserving U.S. Residence for Naturalization
Among the eligibility criteria a lawful permanent resident (LPR) (commonly known as a "green card" holder) must meet to apply for U.S. citizenship is the requirement to have maintained continuous residence in the United States for a specified period. An extended absence from the U.S....
14
Aug
2024
I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?
Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...
14
Aug
2024
Many years ago, my U.S. citizen brother filed an I-130 petition for me. At the time, I was working in H1B status. But eventually, I got tired of waiting and left the U.S. I have just learned that my priority date soon will become current. What is the next step I should take to apply for a green card?
Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you would...
14
Aug
2024
I have an approved I-140 and my I-485 has been pending for more than 180 days. I understand that I am allowed to port my case to a same-or-similar position. Is this allowed for a position where I would be self-employed?
Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...
13
Aug
2024
Changing Your Green Card Process
Wondering how to change your green card process from I-485 Adjustment of Status to Consular Processing? Murthy Law Firm explains the basics, but it’s best to contact us to discuss your case!...
12
Aug
2024
Special Handling for University and College Professors / Teachers
Special handling, sometimes referred to as optional special recruitment, is a PERM labor certification process solely carved out for those who teach at U.S. colleges and universities. While similar to the regular PERM process, in that it requires a test of the U.S. labor market,...
09
Aug
2024
Name Changes
#DYK If your name legally changes while an application is pending with USCIS, you can update USCIS and provide evidence of your name change to help ensure your new document is correctly issued with your new name....
08
Aug
2024
September 2024 Visa Bulletin
This afternoon, the U.S. Department of State (DOS) released the September 2024 Visa Bulletin. There is no forward movement in any of the employment-based categories from the previous month. Worse still, as the DOS previously predicted, the EB3 category cutoff date for certain countries has...
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EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin
08
Aug
2024
MurthyAudio: How Suing the Government Can Help My Case
Ways for petitioners and applicants to sue the government for incorrect or long delayed decisions are discussed by Murthy Law Firm attorneys in this 07.Aug.2024 podcast in our series for Employers. Included in the discussion are Writs of Mandamus and lawsuits under the Administrative Procedures...