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21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

07:31 / Employment Based / Family Based / FAQs / For Individuals / Resident / Student / Visitor / Worker
14 Sep 2023

At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current?

Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if...

06:46 / EB5 Investor / FAQs / For Individuals / Investor / Resident
17 Aug 2023

A few years ago, my sister, who is a U.S. citizen, filed an I-130 for me. I recently got an EB2 I-140 approved. Can I use the priority date from the I-130 for my I-140 case?

Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

06:47 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

10:18 / Consulates / EB5 Investor / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
10 Aug 2023

MurthyAudio: Impact of Criminal Issues

The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023.The MP3 is available here and in the archive of our teleconferences and podcasts...

07:12 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker