10 Apr 2024

I am working for a consulting firm on OPT. They told me that my case was not selected in the lottery. Is there any way for me to check online on my own to verify that they actually filed the registration for me?

Answer No, only the employer and/or the attorney representing the employer can directly check to see if the registration was submitted on your behalf. You could try filing a Freedom of Information Act (FOIA) request with the USCIS to ask for documents related to any H1B...

10 Apr 2024

I was laid off from my employer and used almost all of my grace period before joining a new employer. If I were to be laid off again, would that mean I would only get the last few days remaining of my grace period?

Answer After an H1B worker uses any portion of the grace period, that person typically is eligible for another 60-day grace period after receiving a new H1B approval. For example, if an H1B worker gets laid off and then finds a new job during the grace...

03 Apr 2024

After my I-140 petition was approved, my son aged out before the priority date became current. My I-485 was recently approved, and I now plan to sponsor my son for a green card. Can I use the priority date from my old I-140?

Answer Unfortunately, no, the priority date from one's I-140 cannot be transferred to an I-130 petition. (03.Apr.2024)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 © 2024, MURTHY LAW FIRM....

27 Mar 2024

My current advance parole expired a few months ago, and I am now applying for a new one. If I leave the U.S. now, will the USCIS deny my AP application?

Answer There is a good chance that the USCIS will deny the pending I-131 application based on the travel. Unfortunately, the USCIS has a policy that, for initial AP applications – or for applications where the previous AP has expired – the applicant generally must remain...

27 Mar 2024

I was laid off and got two job offers – one for a part-time position and the other for a full-time position. Can I have two change-of-employer petitions filed for me at the same time if they are both filed before the end of my grace period?

Answer Yes, it is possible for two H1B change-of-employer petitions to be filed for the same person at the same time. But, if the person wishes to work for both employers at the same time, one of the petitions should request concurrent employment. (17.Mar.2024)Sheela Murthy and...

27 Mar 2024

My I-140 is approved in the EB1 category and the priority date is current. I am in India, but will soon return to the U.S. My wife will not come to the U.S. for several months. When I arrive in the U.S., can I file the I-485 applications for both of us?

Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

20 Mar 2024

My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...