Answer The USCIS normally makes a decision within 60 days of receiving a RFE response, although they are not required to do so. In some cases, a decision can take longer than that standard timeframe. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that generally would require filing a new labor certification and I-140 petition for that new position. However, if you have an approved I-140, you should be...
Answer Yes, it is possible to live in Canada and commute to the U.S. to work in H1B status. However, you should consult directly with an immigration attorney about your specific situation before making any change. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer There is a USCIS memo that says that you should be able to travel while an amendment is pending if you have a valid H1B visa in your passport and the receipt notice for the amendment. However, in the current environment at CBP it is...
The U.S. Citizenship and Immigration Services (USCIS) recently announced that when its E-Verify Monitoring and Compliance (M&C) branch conducts a desk review, the employer will be asked to provide copies of the completed form I-9 and corresponding employment verification documents. A desk review is a...
The U.S. Department of State (DOS) is proposing a number of changes to both the online application for a nonimmigrant visa (form DS-160) and the electronic application for an immigrant (form DS-260). The most significant changes to the forms would be to include requests for...
Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer Travel outside the U.S. while an H1B petition is pending will automatically cancel any change of status request and convert the petition to consular processing. So, assuming the H1B petition is approved, in order to move then to H1B status, one typically must first get...
Answer Multiple I-140s are not problematic. However, one ultimately will need to choose which I-140 is filed in support of the I-485 application. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...
