FAQs Archives - Page 146 of 194 - Murthy Law Firm

11 Dec 2015

I have been attending school and working based on authorization for pre-completion optional practical training (OPT). I will graduate at the end of this semester, earlier than planned, as I have no more class requirements after this term. …

... My pre-completion OPT, however, has been approved until the end of the next term. My DSO told me that my early graduation will result in a termination of my pre-completion OPT. Can I apply for post-completion OPT now? Answer Unfortunately, there is no easy way to...

20:24 / FAQs / Student

07 Dec 2015

My wife’s N-400 (application for naturalization) was denied on the basis of the number of days absent from the U.S. Should we appeal or refile?

Answer The answer depends upon whether or not the individual meets the statutory requirements for days in the U.S. If the basic requirements aren't met, then there is nothing to appeal. There may be an option to refile at a later time (or even now, if...

13:50 / Citizen / FAQs

07 Dec 2015

Is it legal to file an I-485 based on previous employer’s I -140?

Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...

13:34 / Employment Based / FAQs / Resident / Worker

07 Dec 2015

I started a company on H-4 EAD. What will happen to the company if my spouse loses his H1B position?

Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...

13:30 / Employment Based / FAQs / Resident / Worker

07 Dec 2015

I am in H-4 status and wish to enroll in university in the U.S. Am I considered a domestic or international student?

Answer This question would have to be asked of the school. Universities set their own definitions for the various tuition levels. (07.Dec.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...

13:26 / FAQs / For Families / Nonimmigrant Family / Student / Worker

30 Nov 2015

Is it possible to enroll in university part-time, while working in H1B status?

Answer Yes, H1B workers can attend school in addition to their employment. The guidance on this is brief; it just says that the H1B job must be the primary purpose for being in the United States. So, we usually think of this as full-time work, part-time...

13:50 / FAQs / Student / Worker

30 Nov 2015

Is it possible to change to H1B status after completing 5 years in L1A status?

Answer Yes, but thought must be given to the H1B timing. The L-1 time counts against the H1B six-year limit. So, a person who spent 5 years in L1A status would typically only have one year of H1B time available. The H-1 could be extended beyond...

13:48 / FAQs / Worker

30 Nov 2015

Can an employer file GC for an employee on L-2? If so, can the L-2 worker’s stay in U.S. be extended as in case of H1B workers?

Answer Yes, an employer could file a GC case for an L-2 employee working on EAD. However, the L-1 and L-2 categories do not have the same extension provisions as the H1B category. So, the GC filing would not make the L-2 eligible for more time;...

13:44 / Employment Based / FAQs / Resident / Worker

30 Nov 2015

I understand that I can only file GC for immediate family once I obtain citizenship. But, is there any way I can bring my aunt here by claiming her as a dependent, since I support her financially?

Answer No, the family-based GC categories specify relatives for which one can file. It is not possible to have fact- specific qualification based upon closeness of the relationship (like an aunt / grandmother that raised someone) or financial / other dependence. (30.Nov.2015)In frequent sessions of our...

13:42 / Citizen / Family Based / FAQs

23 Nov 2015

I was just laid off. Will I be out of status even though the company is running payroll and has not informed the USCIS?

Answer Generally speaking, the H1B status ends when the job ends. If the employer has terminated the employment; that is the end of the status. While the employer is supposed to notify, failure to do so doesn't preserve status. (23.Nov.2015)In frequent sessions of our Chat, Sheela...

13:33 / FAQs / Worker

Murthy Law Firm

I have been attending school and working based on authorization for pre-completion optional practical training (OPT). I will graduate at the end of this semester, earlier than planned, as I have no more class requirements after this term. …

My wife’s N-400 (application for naturalization) was denied on the basis of the number of days absent from the U.S. Should we appeal or refile?

Is it legal to file an I-485 based on previous employer’s I -140?

I started a company on H-4 EAD. What will happen to the company if my spouse loses his H1B position?

I am in H-4 status and wish to enroll in university in the U.S. Am I considered a domestic or international student?

Is it possible to enroll in university part-time, while working in H1B status?

Is it possible to change to H1B status after completing 5 years in L1A status?

Can an employer file GC for an employee on L-2? If so, can the L-2 worker’s stay in U.S. be extended as in case of H1B workers?

I understand that I can only file GC for immediate family once I obtain citizenship. But, is there any way I can bring my aunt here by claiming her as a dependent, since I support her financially?

I was just laid off. Will I be out of status even though the company is running payroll and has not informed the USCIS?

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