Answer Leaving the U.S. normally would not impact the validity of the I-140. Assuming one is going to be outside the U.S. at the time the priority date becomes current, it should be possible to have the case processed at the local U.S. consulate. (04.Mar.2020)Sheela Murthy...
Answer Ordinarily, yes, the dependent spouse must be in the U.S. at the time the H-4 EAD application is filed. After filing, however, one typically may travel abroad without impacting the pending EAD application. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer Anecdotally, there appears to be a higher incidence of RFEs on cases filed for premium processing. However, we have not noticed an increased denial rate for these cases. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Health insurance obtained through the Affordable Care ACT (ACA), commonly referred to as Obamacare, is not considered a positive or negative factor for public charge purposes. (26.Feb.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer In most circumstances, a naturalization application may be filed up to 3 months before the continuous residence requirements are met. This, of course, assumes one meets all of the other standard requirements to naturalize. See the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (05.Apr.2017) for...
Answer Yes, two (or even more) employers may submit registrations for the same individual, assuming each company has a job opportunity for that person. However, a company cannot file multiple registrations for the same person. Similarly, a company cannot typically use a related entity (e.g., affiliate,...
Answer In general, a lawful permanent resident (i.e. 'green card' holder) who leaves the U.S. for more than one year is deemed to have abandoned his/her residency. There are exceptions to this rule, but you would need to consult with an attorney who can review your...
Answer No. If Company A submits the registration that is selected, generally speaking, only Company A is permitted to file the corresponding H1B petition. The individual listed in the registration is not considered to have been counted against the cap unless the H1B petition is approved,...
Answer Following the denial of an H1B extension, the employer typically has 30 days (or 33 days if by mail) from the date of the decision to file a motion or appeal. However, this does not provide any type of grace period for the beneficiary. Once...
Answer Generally speaking, as long as the passport and H1B petition are still valid, the consulate has the discretion to issue a new H1B visa "stamp." However, if you do not have a new passport by the time you return to the U.S., the Customs and...
