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20 Dec 2023

My I-140 was denied and my employer is appealing the decision. Meanwhile, I need to travel to India for an urgent personal matter. Will this travel harm the chances of my appeal being approved?

Answer Traveling typically would have no impact on a pending appeal of an I-140. (20.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 FIRM. All Rights...

18:16 / FAQs / For Employers / For Individuals / Travel
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...

07:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
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...

09:18 / FAQs / For Employers / For Individuals / H1B / Worker
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...

09:15 / Employment Based / F-1 / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Student
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....

09:12 / Employment Based / FAQs / For Individuals / Resident
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...

17:40 / FAQs / For Individuals / Travel / Worker
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...

17:32 / FAQs / For Individuals / Resident / Travel