Answer Assuming the person otherwise qualifies for an H-4 EAD, one generally may file an EAD application while the I-539 is still pending. A copy of the I-539 receipt notice should be included with the EAD application. (27.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer No, there has not been any such increase. There is a bill proposed in Congress that would increase H1B minimum salaries. But, at this point, there is no reason to believe this bill will ever become law. There are many immigration bills proposed each year...
Answer For I-485 purposes, the birth certificate is the more important document. One should be able to file if the birthplace listed on the birth certificate is accurate. The passport should be corrected at some point, but it is of secondary importance. (27.Nov.2017)In frequent sessions of...
Answer One who has an approved H1B petition and received an H1B visa 'stamp' normally is considered to be "counted against the cap" and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)In frequent sessions...
Answer Normally, filing a family-based case would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e. The priority date from an EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
Answer Typically, one can continue working on an approved, un-revoked H1B if one's change-of-employer H1B is denied, unless the USCIS specifically makes a determination that one is "out of status" and is required to depart the U.S. (20.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer This has never been completely clear. Some attorneys are of the opinion that approval of a cap-subject H1B petition (as long as it is not revoked before October 1st) means that one is counted against the cap. However, the Immigration and Nationality Act talks about...
The Murthy Law Firm continues to receive inquiries from those concerned about whether the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) will be altered, or even terminated. For the time being, the H-4 program remains unchanged. But, there have...
On October 20, 2017, the U.S. Department of Homeland Security's Office of Inspector General (OIG) released a report criticizing the U.S. Citizenship and Immigration Services (USCIS) Administrative Site Visits and Verification Program (ASVVP) and the use of targeted site visits. The report, entitled "USCIS Needs...
