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24 Aug 2023

My registration was selected in the first lottery; however, my project fell through, so the employer did not file an H1B petition for me. Since there now has been a second lottery, if a project is available, could that employer use my registration selection from the first lottery to file an H1B for me?

Answer No, it generally would not be permissible to file an H1B petition now based on an unused registration selected in the first lottery. (24.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

06:41 / FAQs / For Employers / For Individuals / Worker
17 Aug 2023

I last entered on advance parole. My online I-94 shows my class of admission as “DA” and it expires in a few months. What does DA mean, and do I need to apply for an extension?

Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...

06:50 / FAQs / For Individuals / Resident / Travel
17 Aug 2023

A few years ago, my sister, who is a U.S. citizen, filed an I-130 for me. I recently got an EB2 I-140 approved. Can I use the priority date from the I-130 for my I-140 case?

Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.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 FIRM. All Rights Reserved...

06:47 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
10 Aug 2023

After entering the U.S. on B-2, my mother was injured and is now undergoing medical treatment. Her I-94 expires in a few weeks, and she applied for a B-2 extension, which is still pending. If the B-2 extension is not approved before her I-94 expires, is she required to leave the U.S.?

Answer Typically, a person in B-2 status who timely files for an extension of stay is permitted to remain in the U.S. in a period of authorized stay based on the pending application.  (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

06:40 / FAQs / For Individuals / Visitor
10 Aug 2023

My PERM case should be approved soon, and my employer will then be filing my I-140. If I leave to temporarily work in Canada under their new work program, would that create any problems with my green card case?

Answer As a general rule, leaving the U.S. during the PERM or I-140 stage would have no impact on one's green card case. (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

06:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
03 Aug 2023

I’m in the U.S. on a B-1/B-2 visa for a business trip. I need to go to Canada for a couple of weeks and then return to the U.S. Will I be readmitted for a full 6-month period when I come back?

Answer Typically, a person who enters in B-1/B-2 status will be admitted with an I-94 valid for six months from the date of entry. During that trip, if the person travels to Mexico or Canada for less than 30 days and then returns to the U.S.,...

06:32 / FAQs / For Individuals / Travel / Visitor
03 Aug 2023

My father failed the civics portion of his naturalization test. He has now been scheduled for a second interview to take the test again. What happens if he fails it a second time?

Answer Ordinarily, if a naturalization applicant fails the test two times, the N-400 application is denied. (03.Aug.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 FIRM....

06:28 / Citizen / FAQs / For Individuals
03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

06:24 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident