Answer Unfortunately, there is presently a backlog in the family-based category for green card holders sponsoring a spouse for a green card. Until the priority date is current, no I-485 can be filed. It also is not typically possible to apply for an EAD based on...
Most family-based immigrant visa cases require the petitioner to serve also as a financial sponsor for the intending immigrant. To qualify as a sponsor, a petitioner must complete an affidavit of support (form I-864) demonstrating that the sponsor has sufficient means to ensure that the...
Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...
In order to enter the United States in H1B status, a foreign national typically must first obtain an H1B visa foil (commonly referred to as a visa "stamp") from a U.S. consulate or embassy. This visa stamp generally will be annotated with the name of...
Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances. (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...
Answer If you have a facially valid H1B visa, there typically would be no need to go to the consulate. You can request readmission based on the existing visa and the approved petition from the new employer. (01.May.2024)Sheela Murthy and other senior attorneys provide guidance that...
Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the...
Answer There is no requirement that project documents be included with the H1B. But if you will be working at a client location, that must be listed on the LCA. Including project documents can be helpful, especially if you will be applying for a visa "stamp"...
The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate....
