16 Sep 2021

My son will turn 21 in November. However, my family and I will be eligible to file our I-485s in October based on the dates for filing chart. Will this protect my son from aging out?

Answer Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out. Rather,...

16 Sep 2021

I have been working for Employer A on OPT, and my H1B was selected in the second lottery. The petition was approved with an October 1st start date. I am not getting along with my supervisor and would like to move a new employer. Can a company file an H1B change of employer for me on October 1st? Or, do I need to first wait for a few paystubs?

Answer With an approved change of status, the foreign national typically is considered to be counted against the cap on October 1st. Once a person has been counted against the H1B cap, a change of employer normally can be filed at any time. (16.Sep.2021)Sheela Murthy and...

16 Sep 2021

My I-140 was approved more than 180 days ago, and I then moved to a new employer. The company that filed my I-140 will soon be acquired by a larger entity. Will this acquisition prevent me from extending H1B status beyond 6 years?

Answer Ordinarily, an acquisition of the company that filed the I-140 would not impact the beneficiary's ability to continue to extend H1B status based on that approved I-140. (16.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09 Sep 2021

I am currently in the U.S. and have an approved I-140. I also recently was granted permanent residency in Canada. I would like to work for the U.S. company from Canada, so that I may apply for Canadian citizenship in a few years. Will moving to Canada for a few years impact my I-140?

Answer Generally speaking, leaving the U.S. would have no direct impact on one's approved I-140.  (09.Sep.2021)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 © 2021, MURTHY LAW FIRM. All...

09 Sep 2021

I am in H1B status and have an EAD based on my pending I-485. If my H1B extension is denied, can I start working based on my EAD, or would the denial of the H1B also result in my EAD being canceled?

Answer Generally speaking, an H1B denial would not impact the validity of an EAD issued based on a pending I-485 application.  (09.Sep.2021)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...

09 Sep 2021

Several years ago, my U.S. citizen sister sponsored me for a green card. I now have an employer starting the PERM process for me. Do I need to withdraw the I-130 filed by my sister?

Answer Ordinarily, being sponsored by a family member for a green card would not impact an employer's ability to sponsor you. (09.Sep.2021)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...

02 Sep 2021

I am currently in the U.S. and have a valid H1B visa. I wish to travel to India, but I am worried I may get stuck there. Can I apply for a national interest exception (NIE) while I am still in the U.S.?

Answer Unfortunately, the answer appears to be no. Until very recently, it seemed possible to apply for an NIE before traveling abroad. However, the U.S. Embassy in India recently updated its webpage to indicate that "[w]e cannot pre-adjudicate NIEs for applicants not currently in India."  (02.Sep.2021)Sheela...

02 Sep 2021

The U.S. Consulate in Chennai issued me an F-1 visa last week, but it does not contain an annotation verifying that I have an NIE. Do I need to go back to the consulate to get this corrected?

Answer This should not be a cause for concern. F-1 students now are generally eligible for blanket waivers. Therefore, no annotation is needed.  (02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

02 Sep 2021

My H1B was selected in the first lottery, and the petition was approved. During the second lottery, a registration filed for me by a different employer was selected. I would prefer to work for that employer. Can they file an H1B for me?

Answer Generally speaking, having an H1B cap case approved through one company would not prevent a second company with a selected registration from filing an H1B for the same individual.(02.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...