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13 Feb 2017

If I get divorced within one year of having my green card issued through my spouse, will this cause me to lose my green card?

Answer The GC should not be affected after a divorce, even if the divorce goes through within a year after obtaining the GC. If there is a concern that there was some type of fraud or the ex-spouse files a complaint, the USCIS could investigate the...

13:57 / Family Based / FAQs / Resident
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13 Feb 2017

Are EB2 and EB3 green card visa numbers shared, or does each category have its own limits?

Answer Nearly every green card category, including EB2 and EB3, has its own annual allotment of visa numbers. Then, if there are immigrant visa numbers remaining and unused in one EB category, they can be used for the next level of EB numbers. Even with these...

13:54 / Employment Based / FAQs / Resident
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13 Feb 2017

We responded to an RFE on my H1B case, but it was denied. Will the USCIS now return the filing fees?

Answer If the USCIS reviews a case, it generally does not return any government filing fees, (including fraud prevention fee, etc). The only time that the USCIS will return the entire package and all the filing fees is if the case is not selected under the...

13:51 / FAQs / Worker
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13 Feb 2017

If I move to a similar position, can my approved I-140 be ported to the new employer?

Answer Unless the person has filed an I-485 adjustment of status application that has been pending for a minimum of 180 days, a new employer would typically need to file its own PERM and I-140 cases on behalf of the foreign national. The one advantage is...

13:48 / Employment Based / FAQs / Resident / Worker
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10 Feb 2017

I am in F-1 student status working on OPT. I recently got married to a U.S. citizen. We are about to file all the required paperwork to get my green card. …

... Will I be able to use my EAD to continue working on OPT after the filing? Answer Yes, you should be able to continue working on OPT in valid F-1 status until the USCIS issues your new EAD based on your I-485 application for adjustment of...

15:47 / F-1 / FAQs / Student
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06 Feb 2017

How do the executive orders impact EB2 and EB3 cases with approved I-140s?

Answer The executive orders do not impact approved I-140s. Any reliable information regarding immigration changes associated with the new administration will be posted on MurthyDotCom's Current Administration & Immigration page. (06.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

09:35 / Employment Based / FAQs / Resident
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06 Feb 2017

Can you file a PERM case while an H1B petition is still pending?

Answer Yes, a PERM case can generally be filed in parallel with an H1B petition (or even before an H1B has been filed. (06.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...

09:29 / Employment Based / FAQs / Resident / Worker
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06 Feb 2017

Is it true that the dropbox option at the U.S. Consulate in Chennai is still available?

Answer We have received confirmation from the Department of State that the drop box program is still in place and being used in Chennai (and elsewhere). If the program is changed in the future there will likely be an announcement made on ustraveldocs.com. And, of course,...

09:19 / FAQs / For Individuals / Student / Visitor / Worker
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06 Feb 2017

Is it true that all H1B workers must now be paid a salary of at least $130,000?

Answer Your question appears to be in reference to one of several immigration-related bills that are pending. These are all merely proposed bills. There are thousands of bills proposed in Congress each year, and only a relatively small number are ever signed into law. If any...

09:01 / Employment Based / FAQs / For Individuals / Resident / Worker
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03 Feb 2017

I graduated from college with a bachelor’s degree as a student in F-1 status. Prior to graduation, I applied for optional practical training (OPT) and received a job offer in another state. …

… A few days after I moved to the new address, I notified my DSO and the USCIS of my new address and kept checking the USCIS online case status for my OPT application. It has now been several weeks since the case status changed...

13:51 / F-1 / FAQs / Student
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