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02 Nov 2020

Using the EAD as an Option for Employment

Foreign nationals who have filed adjustment of status applications (I-485s) can generally apply for employment authorization documents (EADs). However, many of these foreign nationals are already working in the U.S. pursuant to valid nonimmigrant status, such as H1B. Attorneys at the Murthy Law Firm frequently...

06:46 / AOS/CP / EB2 PERM Labor / Options / Visa Bulletin / Worker
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25 Feb 2013

Overview of USCIS Premium Processing Program

Longtime readers of MurthyDotCom know about the U.S. Citizenship and Immigration Services (USCIS) Premium Processing Service, which allows for the expedited case processing of certain designated immigration petitions. This overview of the ins and outs of how premium processing operates includes the benefits and limitations...

13:18 / Employment Based / Immigrant Petition (I-140) / Options / Worker
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07 Jan 2013

Options for Conditional Permanent Residents with Marital Problems

A foreign national who becomes a U.S. permanent resident based on marriage to a U.S. citizen, which is less than two years in duration, is granted permanent residence status on a conditional (temporary) basis. Ideally, the couple will jointly file the petition to remove the...

20:17 / Family Based / Immigrant Family / Options
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17 Dec 2012

“Entrepreneur” H1B Petitions: A New Option for Start-Up Companies?

Over the past several decades, foreign nationals have been the founders of some of the most successful companies in the United States. Despite the well-documented immigrant entrepreneurial drive, however, U.S. immigration law is often not particularly welcoming to foreign nationals who wish to start their...

13:58 / H1B / Options / PERM Labor
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24 Sep 2012

Strategy to Deal with EB Retrogression: I-130 Family Petition

The severely retrogressed cutoff date in the U.S. Department of State (DOS) Visa Bulletin for October 2012 has created many difficult situations. There are numerous individuals who were able to obtain permanent residence during the brief period in fiscal year 2012 (FY12) when cutoff dates...

12:29 / AOS/CP (Family) / Immigrant Family / Options
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11 May 2012

EB2 “Upgrades” – Priority Date Retention and Online Degrees

With the ongoing backlog in the employment-based, third preference (EB3) category, many people look forward to using the strategy commonly referred to as an EB3-to-EB2 "upgrade." The U.S. Citizenship and Immigration Services (USCIS) recently confirmed a long-term favorable policy, which facilitates this strategy. It was...

15:01 / AOS/CP / EB2 PERM Labor / EB3 PERM Labor / Options / Visa Bulletin
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06 Aug 2010

Back to School: Considerations for U.S. Education

Many inquiries come to us at the Murthy Law Firm from foreign nationals who are considering additional education in the United States. The motivation is frequently a combination of the desire to add to their professional skills to gain qualifications for better job prospects, as...

15:10 / AOS/CP / H1B / Options / PERM Labor / Student
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29 Feb 2008

Extraordinary Ability and Other Special Options

Information on the topic of immigrant petitions in the employment-based first preference (EB1) and the National Interest Waiver (NIW), employment-based second preference (EB2), categories has been provided for MurthyDotCom and MurthyBulletin readers in a series of articles and Frequently Asked Questions (FAQs). A number of...

19:09 / EB2 National Interest Waiver / For Employers / Options
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