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06 Mar 2017

Do I need to maintain H-4 status while my I-485 is pending?

Answer This is optional - many choose to maintain the underlying status as protection in the case of an I-485 denial. A denial of the I-485 after the nonimmigrant status is abandoned normally means that one must depart the United States. (06.Mar.2017)In frequent sessions of our...

07:46 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

I left the U.S. in June 2016 after completing my six years of H1B time. Can I now be sponsored for a new H1B in this year’s lottery?

Answer Once a person has used the full six-year period of H1B time, s/he generally would need to be outside the U.S. for at least one full year before a new cap-subject petition could be filed. The key here is that the individual must be eligible...

07:43 / FAQs / For Individuals / H1B / Worker
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06 Mar 2017

Does the H1B premium processing suspension affect H1B extensions and H1B transfer applications as well?

Answer Unfortunately, the premium processing suspension applies to ALL H1B petitions filed on or after April 3, 2017. (06.Mar.2017)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 participation, click here.Access...

07:38 / FAQs / For Employers / For Individuals / Worker
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03 Mar 2017

I have been working on OPT and recently applied for a 24-month extension based on my STEM degree, which is now pending. …

... My first employment authorization document (EAD) has already expired. Yesterday, I received very sad news from home about my grandmother's passing, which requires that I urgently leave the U.S. to attend the funeral. Would I be able to come back after a short trip...

07:53 / FAQs / Student / Travel
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27 Feb 2017

How quickly do I have to send AC21 notification to the USCIS after I move to a new employer?

Answer Filing an AC21 notification is currently optional and has no particular time limit. It is generally advisable, however. (27.Feb.2017)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 participation, click...

13:26 / Employment Based / FAQs / Resident
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27 Feb 2017

If the Trump Administration does away with H-4 EADs, what options do we have?

Answer As of the time of this writing, the Trump Administration has not taken any actions to modify or eliminate the H-4 EAD program. Further, even if the Administration decides to cancel the program, this would very likely require a formal rule-making process, which would take...

13:21 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
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27 Feb 2017

We are filing an H1B extension for the same position at the same job location. Do we need to get a new LCA?

Answer An H1B requires a valid (unexpired) LCA in all cases. If the existing LCA is not expired, it could be re-used. But the H1B could only be approved for the duration of the LCA. (27.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...

13:19 / FAQs / Worker
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27 Feb 2017

As a U.S. citizen, am I able to sponsor my mother-in-law for a green card?

Answer No, there is no family-based green card category for this relationship. (27.Feb.2017)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 participation, click here.Access more FAQs here. Copyright © 2017, MURTHY...

13:15 / Citizen / Family Based / FAQs / Resident
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20 Feb 2017

Will there be any reduction in H1B available under the cap for 2018?

Answer The H1B visa count remains unchanged. (20.Feb.2017)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 participation, click here.Access more FAQs here. Copyright © 2017, MURTHY LAW FIRM. All Rights Reserved...

08:49 / FAQs / H1B / Worker
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20 Feb 2017

Can I choose to remain in H-4 status even after my H1B is approved?

Answer If the H1B is approved as a change of status (with an I-94 card attached), then one loses the existing status as of the effective date. If the H1B is approved for consular processing only, however, this would not impact one's current status. (20.Feb.2017)In frequent...

08:46 / Employment Based / FAQs / Resident / Worker
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