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21 Oct 2021

In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?

Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140 to...

09:48 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
21 Oct 2021

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same / similar position. (21.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09:44 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....

09:41 / Consulates / FAQs / For Individuals / Travel / Worker
14 Oct 2021

I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?

Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

08:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Student / Worker
14 Oct 2021

I am on F-1 OPT. My H1B was recently approved for consular notification, with no I-94 attached. Is it possible to get my H1B visa stamping done without leaving the U.S.?

Answer No, ordinarily, it is not possible to apply for a visa "stamp" from within the United States. (13.Oct.2021)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 © 2021, MURTHY...

08:11 / FAQs / For Individuals / Student / Travel / Worker
07 Oct 2021

I am working for employer A, and employer B filed a change of employer petition for me. While that petition was pending, I received a better offer from employer C. Employer C filed a change of employer petition for me, and then both change of employer petitions were approved. Do I need to join employer B before I can join employer C?

Answer Assuming all three employer's petitions remain valid, it typically would be permissible to work for any of the employers. So, no, it would not be necessary to join employer B before joining employer C. (07.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

10:18 / FAQs / For Employers / For Individuals / Worker
30 Sep 2021

Several years ago, a company filed an H1B petition for me in the lottery. It was approved and I was issued an H1B visa stamp by the consulate, but I never actually entered the U.S. If I find a company willing to sponsor me for an H1B job, do I have to go through the lottery again?

Answer In general, if a foreign national is granted H1B status or issued an H1B visa "stamp,"  that individual is considered to have been counted against the H1B cap. A foreign national who has been counted against the H1B cap, but has not used any H1B...

09:11 / FAQs / For Employers / For Individuals / Worker