Answer One who is not on U.S. soil generally is not subject to U.S. immigration law, so this normally would be fine. There may be tax implications to discuss with a CPA, however. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa "stamp" at a...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...
... and received authorization from my designated school official (DSO) for curriculum practical training (CPT) to continue working. Is this allowed? Should I be concerned about maintaining my F-1 status? Answer Generally, there is no restriction on CPT authorization (provided it meets all applicable requirements) when the...
Answer One generally can continue with Company A indefinitely, as long as Company A's H1B approval remains valid. Joining the new employer is never required. If one does not join Company B within 60 days, however, Company B is supposed to withdraw the H1B petition. (09.Jul.2018)In...
Answer One generally is required to depart the U.S. and reenter on the same AP document. The approval of a new AP in the interim is irrelevant. One must still reenter before the old AP expires. (09.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...
Answer The H-4 EAD program likely will be eliminated at some point. Assuming the program is eventually terminated, we do not know yet what impact that will have on those with existing H-4 EADs. But, it certainly is possible that those with existing EADs will be...
Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)...
The Murthy Law Firm is pleased to report on the recent, hard-fought approval of another I-485 adjustment-of-status (commonly, "green card") application. Represented by another law firm for the I-485 filing, the individual in this case engaged the Murthy Law Firm after he received a notice...
