FAQs Archives - Page 108 of 226 - Murthy Law Firm

24 Jul 2019

I own a company in India and need to travel to the U.S. to meet with a client. Will the consulate accept a scanned copy of an invitation letter from the U.S. company? Or do I need to present the original signed document?

Answer There is generally no requirement that an invitation letter be presented at all. However, they can be useful to evidence the purpose of one's proposed trip. If such a letter is submitted, a scanned copy is typically acceptable. (24.Jul.2019)In frequent sessions of our Chat, Sheela...

17 Jul 2019

Almost two months ago, I joined a start-up on H1B. The company says they have some “cash-flow issues,” and is therefore delaying paying me my salary. Do I have any options?

Answer An H1B employee MUST be paid pursuant to the terms of the approved H1B petition and LCA. Failure to provide the required salary is a violation of DOL regulations by the employer, and may mean that the H1B worker is "out of status." To discuss...

11:13 / FAQs / For Individuals / Worker

17 Jul 2019

I am from India and have an EB2 case with a 2011 priority date. Is it true I will be able to get my green card quickly based on the new law, H.R.1044?

Answer The Fairness for High-Skilled Immigrants Act of 2019 (i.e., H.R.1044) is a bill that was passed by the U.S. House of Representatives, but it is not law. To become law, the U.S. Senate would need to pass the bill, and then it would need to...

11:09 / Employment Based / FAQs / For Individuals / Legislation / Resident

17 Jul 2019

I am an au pair in J-1 status. I am planning to leave the program before it ends, return to my home country, and then come back on a B-2 visa to visit some friends. Is that allowed?

Answer There is no legal prohibition on doing this. However, one in this situation would need to convince a consular officer (if one requires a B-2 visa "stamp") or a CBP officer at the airport (if one already has a B-2 visa) that the purpose in...

10:40 / FAQs / For Individuals / Travel / Worker

17 Jul 2019

If I am outside the U.S. when my priority date becomes current, can the employer that sponsored my I-140 file my I-485 application for me?

Answer One MUST be in the United States to file an I-485. If one is not, s/he must apply for a green card through consular processing with the U.S. Department of State at a U.S. consulate. The employer may need to file form I-824 to convert...

10:36 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident

10 Jul 2019

I would like to attend a wedding in India, but my H-4 extension is still pending. Do I need to wait until it is approved before I travel?

Answer In order to reenter in H-4 status, one generally would need a valid H-4 visa "stamp." It would not be necessary to wait for the approval of the H-4 extension. To apply for an H-4 visa stamp (or be admitted in H-4 status based on...

13:45 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker

10 Jul 2019

My family and I have I-485 applications that have been pending for a number of years because of retrogression. My daughter is about to turn 21. Will she age out if her I-485 is not approved before her birthday?

Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...

13:40 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident

10 Jul 2019

My H1B was picked in this year’s lottery and has been approved with an October 1st start date. Can I change to a different H1B employer now?

Answer In general, it is not advisable to attempt to pursue a change of H1B petition employers until the "cap" H1B approval has taken effect - normally, October 1st or the date of approval, whichever is later. Attempting to file another H1B before this occurs can...

13:37 / FAQs / For Individuals / Worker

10 Jul 2019

If my H1B amendment is denied, can I still work based on my existing H1B petition, which is valid through March 2020?

Answer In general, yes. If the job contained in the original H1B petition is still available, one could continue to work in that position until the petition expires, unless the USCIS has specifically ordered one to depart the United States in the denial notice for the...

13:33 / FAQs / For Employers / For Individuals / Worker

24 Jun 2019

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

Answer In general, a petitioner may withdraw a request for "change of status" while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

08:16 / FAQs / For Employers / For Individuals / Student / Travel / Worker

Murthy Law Firm

I own a company in India and need to travel to the U.S. to meet with a client. Will the consulate accept a scanned copy of an invitation letter from the U.S. company? Or do I need to present the original signed document?

Almost two months ago, I joined a start-up on H1B. The company says they have some “cash-flow issues,” and is therefore delaying paying me my salary. Do I have any options?

I am from India and have an EB2 case with a 2011 priority date. Is it true I will be able to get my green card quickly based on the new law, H.R.1044?

I am an au pair in J-1 status. I am planning to leave the program before it ends, return to my home country, and then come back on a B-2 visa to visit some friends. Is that allowed?

If I am outside the U.S. when my priority date becomes current, can the employer that sponsored my I-140 file my I-485 application for me?

I would like to attend a wedding in India, but my H-4 extension is still pending. Do I need to wait until it is approved before I travel?

My family and I have I-485 applications that have been pending for a number of years because of retrogression. My daughter is about to turn 21. Will she age out if her I-485 is not approved before her birthday?

My H1B was picked in this year’s lottery and has been approved with an October 1st start date. Can I change to a different H1B employer now?

If my H1B amendment is denied, can I still work based on my existing H1B petition, which is valid through March 2020?

I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?

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