Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...
Answer You can't transfer the visa to the new passport. Typically, however, so long as the visa in the old passport is not damaged, you may present both the new passport and the H1B visa in the old passport (along with the approved H1B petition) to...
Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...
Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not...
Answer It is hard to answer this in general terms. How we may respond could differ depending on the type of H1B position, the wage level, etc. But one very common piece of evidence we prefer to include with most specialty occupation RFE responses is an...
Answer No, there are no set salary requirements for an L1B petition. However, the USCIS may take the salary into consideration when determining whether the beneficiary possesses specialized knowledge. (21.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application. (21.Jun.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...
Answer In most circumstances, if the acquiring entity assumes all liabilities of the H1B petition and continues to maintain the public access file, no H1B petition / amendment is needed. An authorized official of the new entity should prepare a notarized statement expressly assuming all liabilities...
Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...
Answer Yes, gifted funds can be used for purposes of an EB5 investment. If any gift tax is owed, it would need to be paid, and the gift giver would need to provide documentation to show the lawful source of the funds being gifted. (14.Jun.2023)Sheela Murthy...
