Attorneys Law Firm Practicecontact us
27 May 2021

A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?

Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.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 ©...

10:08 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
27 May 2021

I am recently divorced and wish to travel to the U.S. in H1B with my minor son, who will be coming in H-4 status. My ex-husband has no objections to this. Do I need to bring documents with me for my son to enter, since his father will not be traveling with us?

Answer U.S. Customs and Border Protection (CBP) strongly recommends that, if a child is only being accompanied by one parent, the parent traveling with the child carry a note from the other parent that states: "I acknowledge that my wife / husband / etc is traveling...

10:05 / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Travel / Worker
20 May 2021

How are wage levels determined for H1B cases? Since I have a master’s degree, does that mean my employer has to file the petition for at least a wage level 2 position?

AnswerWage levels are determined based on the occupation, the minimum job requirements, such as years of work experience and level of education, and the work location(s). There are four wage levels, ranging from wage level 1 (entry level) to wage level 4 (fully competent).To be...

07:01 / FAQs / For Employers / For Individuals / Worker
20 May 2021

I lost my job due to the pandemic and returned to India. I have not been able to keep up with my credit card payments. Will this prevent me from returning to the U.S. in the future?

AnswerNo. Under the current immigration rules, owing money to a credit card company typically would not prevent a person from entering the United States.  (20.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06:57 / FAQs / For Individuals / Travel / Worker
20 May 2021

My H1B extension was filed right before my I-94 expired. I had been working for close to 6 months, and then my H1B extension was denied. I understand that I am now out of status and am accumulating unlawful presence; but did the unlawful presence start from the date my I-94 expired, or is it from the date of the denial?

Answer  Ordinarily, if an H1B extension is timely filed, no unlawful presence would start to accumulate until after the extension is denied.  (20.May.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...

06:52 / FAQs / For Individuals / Worker
13 May 2021

In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?

Answer There is no requirement under immigration law that normally would force a former (or current) employer to provide you with an employer verification letter. However, there may be other options to evidence your previous work experience, such as affidavits from former co-workers.  (13.May.2021)Sheela Murthy and...

09:29 / Employment Based / FAQs / For Individuals / Resident / Worker
06 May 2021

I just became a U.S. citizen, and wish to sponsor my brother and mother for green cards. I understand the process for sponsoring siblings takes many, many years. Should I just sponsor my mother, and then, when she gets a green card, she can sponsor my brother?

Answer It is true that the family-based category is severely backlogged. But, if your brother is married, your mother would have to wait until she is a citizen to sponsor him. Even if he does not marry, the general recommendation would be to sponsor the sibling...

08:35 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

08:31 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker