14 Dec 2023

Is there any problem if I am sponsored for an H1B change of employer while my wife’s H-4 EAD application is pending?

Answer An H1B change-of-employer petition ordinarily would not have any direct impact on a spouse's pending H-4 EAD. (14.Dec.2023)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 © 2023, MURTHY...

07 Dec 2023

I used about 4 years of H1B time and then left the U.S. It has been more than a year since I was last in the U.S. Does that mean I am now eligible for a fresh 6-year period of H1B time?

Answer Generally speaking, in order to be eligible for a new 6-year period of H1B time, the individual would need to be outside the U.S. for at least one year and then apply through the lottery again. Ordinarily, simply leaving the U.S. for one year or...

07 Dec 2023

When I filed my I-140, I had to list my daughter on the form. Will this harm her chances of getting an F-1 student visa?

Answer No, this normally would not impact an applicant's chances of being issued an F-1 student visa. (07.Dec.2023)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 © 2023, MURTHY LAW...

07 Dec 2023

My I-140 was approved a couple of years ago, but I was just laid off. Do I need my original I-140 approval notice to be able to use that priority date for a future green card case?

Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

30 Nov 2023

Last year, my H1B employer laid me off and withdrew my H1B petition. I then left the U.S. I now found a new employer that filed an H1B petition for me for consular processing. The H1B visa stamp issued through my previous employer has not yet expired. Can I still use that?

Answer Yes, in general, an H1B visa foil (or "stamp") remains valid, through the expiration date listed on the document. There typically is no need to apply for a new visa based solely on a move to a new employer, even if the prior employer withdrew...

30 Nov 2023

I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...

22 Nov 2023

A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now?

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...