07 May 2025

Can my employer initiate an EB2 case for me now, even though I am on OPT? If so, can I use that approved I-140 to move to H1B status without having to go through the lottery?

Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...

05 May 2025

Adding a Spouse or Child to a Principal Applicant’s Green Card Process

When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members may also qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the...

01 May 2025

MurthyAudio: Best Practices for International Travel 2025

Murthy Law Firm attorneys guide nonimmigrants and others on preparation for entering the U.S. at a port of entry (POE) in 2025. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.  ...

30 Apr 2025

I received a B-1/B-2 visa stamp a few years ago. More recently, I was issued an F-1 visa stamp by the same U.S. consulate. Does this mean my B-1/B-2 is no longer valid?

Answer Typically, applying for an F-1 visa “stamp” would not impact the validity of an existing B-1/B-2 visa. (30.Apr.2025)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 © 2025, MURTHY...

30 Apr 2025

I am an Indian citizen in H1B status and will be going to Australia for a few weeks as a tourist. Can I apply for a new H1B visa stamp from a consulate while I am there?

Answer U.S. consulates typically allow third country nationals to apply for nonimmigrant visas. (30.Apr.2025)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 © 2025, MURTHY LAW FIRM. All Rights Reserved...

23 Apr 2025

I am in EB2 and my priority date is current in EB3. I would like to interfile and request an EB3 downgrade, but I am no longer with the employer that filed the I-140. Can I downgrade and then request AC21 portability to my current employer?

Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you cannot...

23 Apr 2025

I understand I am required to carry proof of my immigration status with me. As a green card holder, can I carry a copy of the green card? Or, do I have to carry the original?

Answer Technically speaking, the law requires a green card holder to carry with them the original I-551 (i.e., green card). (22.Apr.2025)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 ©...