11 Jun 2024

MurthyAudio: Self-Petition Filings – NIWs/EB1 Extraordinary Ability

Self-petition filings as an alternative to labor-certification based I-140 filings is the topic Murthy Law Firm attorneys address in this June 2024 podcast. Examples discussed include National Interest Waivers and EB1 Extraordinary Ability filings. The MP3 is available here and can be found in the archive...

05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

29 May 2024

My employer is filing my H1B for consular processing. I am Indian, but I am currently working in the EU. Can I apply for my visa in Europe, or do I have to apply at a consulate in India?

Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...

22 May 2024

I am working based on an H-4 EAD, which is valid until next year. My husband may be laid off next month. If that happens, am I allowed to keep working during our grace period?

Answer Yes, ordinarily, the H-4 spouse may continue to work based on the EAD during the grace period.  (22.May.2024)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 © 2024, MURTHY...

22 May 2024

I have a bachelor’s degree in math and a master’s degree in computer science. I was working as an IT professional, based on my computer science degree. Given the downturn in the tech sector, though, I was considering a move to teaching. Can I apply for a teaching job that requires a degree in math, or do I have to rely on the same degree as the one I am using for my current position?

Answer Assuming your math degree is equivalent to a U.S. bachelor's degree in math, yes, that can be used to qualify for an H1B position.  (22.May.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

08 May 2024

I am on L1A and have an approved EB1(c) petition. Business is a bit slow in the U.S. right now, so I am planning on working in India for a while and returning to the U.S. when my priority date is current so I can file my I-485. Is that permissible?

Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...

08 May 2024

After working in H1B status for 6 years, I moved to H-4 status, and have been working on H-4 EAD. My current employer filed a PERM for me last year, and now my I-140 has been approved. Can I use the approved I-140 to move back to H1B status, even though I have already completed 6 years of H1B time?

Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to "extend" H1B status beyond the standard 6-year max. (08.May.2024)Sheela Murthy and other senior attorneys provide guidance...