FAQs Archives - Page 152 of 194 - Murthy Law Firm

08 Sep 2015

I have completed 12 months of optional practical training (OPT) based on my master’s degree in social work. I am now a law student working towards a Juris Doctor degree. Will I be eligible for OPT based on my next degree?

Answer Generally, an F-1 student is eligible for one 12-month OPT period per each educational level. The question is whether your JD degree should be considered a higher educational level than your master's degree. Since this is not very clear, given that JD degrees do not...

14:05 / FAQs / Student

31 Aug 2015

My friend has a 2-year old disabled child who is a U.S. citizen. Does this provide any additional options to apply for a green card?

Answer U.S. citizen children cannot sponsor a parent for a green card until the child reaches the age of 21. The fact that the child is disabled would typically not create new avenues for the parent to apply for a green card. (31.Aug.2015)In frequent sessions of...

31 Aug 2015

I have an approved I-140 and the priority date is current. Can I apply for advance parole and then leave the U.S. to get married?

Answer If your priority date is current, you can file the I-485 application and apply for advance parole travel authorization at the same time. (This, of course, is assuming that the job offer is still valid, etc.) You must wait for the AP to be approved...

15:49 / Employment Based / Family Based / FAQs / Resident / Travel

31 Aug 2015

I lost my H1B job 1 week ago, but now have a new employer willing to sponsor me for a position that will start in a few weeks. Is there any way I can stay in the U.S. until then?

Answer There is no grace period for H1B. You only remain in valid nonimmigrant status while you are working for your H1B employer. If your H1B for your new employer had been filed prior to the termination of your H1B employment then you could have remained...

15:47 / FAQs / Worker

31 Aug 2015

Is an employment-based green card case based on country of birth or country of citizenship?

Answer If you are referring to eligibility to file the I-485 application based on the priority dates on the visa bulletin, the USCIS goes by country of birth, not country of citizenship. (31.Aug.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

15:46 / Employment Based / FAQs / Resident

24 Aug 2015

Can my employer start my green card processing while I am on OPT?

Answer Yes, a company can start a GC for someone on F-1/OPT. This does not disrupt the F-1/OPT status. But, for people from India, it is normally going to be necessary to change into H1B or some other work authorized status at some point to bridge...

15:21 / Employment Based / FAQs / Resident / Student / Worker

24 Aug 2015

Is O-1 status a good option for a finance executive with 20 years of relevant experience?

Answer The O-1 category requires demonstration of extraordinary ability. This is a high standard, and has to be proven by extensive documentation of the qualifications, etc. It is not enough to simply be very experienced or good at one's profession. There would have to be some...

15:19 / FAQs / Worker

24 Aug 2015

I am in my 7th year in H1B status and have an approved I-140, but my company is about to lay me off. Will this impact my green card process, and can I retain my H1B?

Answer The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number...

15:18 / Employment Based / FAQs / Resident / Worker

24 Aug 2015

Can I file change of status to F-1 on my first entry with B-1 visa? Or, is it better to leave and apply for F-1 after my second entry on B-1?

Answer This isn't a simple question. The change of status from B-1 to F-1 is disfavored. That is why people cannot attend school while that request is pending - unlike other COS to F-1 requests. Further, one cannot enter the U.S. on B-1 with the intention...

15:16 / FAQs / Student / Visitor

24 Aug 2015

I have been working on cap-gap OPT, after my EAD expired, based on my employer’s H1B petition that they filed for the start date of October first. …

... My H1B petition has just been approved with an I-94 for H1B status. I would like to travel back home for a short vacation in the last week of August and come back to continue working on OPT before my status changes to H1B...

13:43 / FAQs / H1B / Student / Travel / Worker

Murthy Law Firm

I have completed 12 months of optional practical training (OPT) based on my master’s degree in social work. I am now a law student working towards a Juris Doctor degree. Will I be eligible for OPT based on my next degree?

My friend has a 2-year old disabled child who is a U.S. citizen. Does this provide any additional options to apply for a green card?

I have an approved I-140 and the priority date is current. Can I apply for advance parole and then leave the U.S. to get married?

I lost my H1B job 1 week ago, but now have a new employer willing to sponsor me for a position that will start in a few weeks. Is there any way I can stay in the U.S. until then?

Is an employment-based green card case based on country of birth or country of citizenship?

Can my employer start my green card processing while I am on OPT?

Is O-1 status a good option for a finance executive with 20 years of relevant experience?

I am in my 7th year in H1B status and have an approved I-140, but my company is about to lay me off. Will this impact my green card process, and can I retain my H1B?

Can I file change of status to F-1 on my first entry with B-1 visa? Or, is it better to leave and apply for F-1 after my second entry on B-1?

I have been working on cap-gap OPT, after my EAD expired, based on my employer’s H1B petition that they filed for the start date of October first. …

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