Answer The USCIS can inquire whether one has "lawfully" obtained permanent residence - in other words, whether there was any fraud or legal error during the green card process. In rare circumstances, such incidents can prevent naturalization, or even result in loss of one's GC status....
Answer No, the recent memo from the USCIS is simply saying that entry-level computer programmers do not automatically meet the definition of a "specialty occupation;" so, the burden is on the petitioning employer to demonstrate why the particular position they are offering still qualifies, even if...
Answer The guidance in the new memorandum applies to all H1B petitions. (03.Apr.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright © 2017, MURTHY...
Answer Generally speaking, an I-485 applicant becomes a permanent resident upon the approval of the I-485. In that situation, a pending application to change status to H-4 becomes moot. Nothing needs to be done, as that application should ultimately be denied by the USCIS for that...
... My employer is filing an H1B petition this week for the October 1st start date. If my STEM OPT application is denied while my H1B petition is still pending, how will this affect my ability to continue living and working in the U.S. until...
Answer There is a memorandum that specifically permits one to enter the United States by presenting a valid H1B visa "stamp" and the receipt notice for the H1B extension or amendment. Given the uncertainty in the current climate, however, this should probably not be relied upon...
Answer The H-4 EAD provides virtually unrestricted work authorization, so one can be a member of an LLC and work for that company. (27.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer If an H1B visa 'stamp' application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (27.Mar.2017)In frequent sessions of our Chat, Sheela Murthy...
Answer Yes, the fact that a person is working based on an H-4 EAD generally would have no impact on a company's ability to file a PERM or I-140 on behalf of that individual. (20.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer Yes, generally speaking, an H1B amendment may be filed while another amendment is still pending. This practice is already fairly common, but will inevitably become practically a necessity once the suspension of premium processing for H1B filings goes into effect on April 3, 2017. (20.Mar.2017)In...
