Answer If you are currently in H1B status and are traveling based on a valid H1B visa "stamp" in your passport, you do not need to wait for your advance parole document. (22.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
In Part 1 of this two-part NewsBrief, MurthyDotCom readers were provided with an explanation of the procedure known as interfiling, also known as transfer of basis. Continuing from where Part 1 left off, we now address how such requests can be made, as well as some of...
Answer UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the accompanying...
Answer There are two main issues to consider when trying to estimate how long it may take to obtain your green card after the I-485 has been filed. First, you need to look at I-485 processing times at your local field office. This can be found...
Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant maintains...
Some of the options for making changes to the basis of a permanent resident ("green card") case after reaching the adjustment-of-status (I-485) stage are addressed here for the benefit of MurthyDotCom readers. Specifically discussed is interfiling, also referred to by the USCIS as "Transfer of...
Today, Thursday, October 8, 2020, the U.S. Department of Labor (DOL) published an interim final rule, entitled "Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States," that changes how prevailing wages are calculated. This applies to foreign national...
Answer Unfortunately, filing an I-485 based on the dates for filing chart is not sufficient to prevent a child from aging out. That rule only applies when the I-485 is being filed based on the (less favorable) final action chart. To determine whether your child will...
Answer There is no rule that specifically prohibits this. We have done this successfully in the past. But, depending on the circumstances, there may be risks in doing so. (08.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer The latest predictions are that the final action date for EB2 and EB3 India will continue to advance. But, it remains to be seen whether the USCIS will continue to allow for use of the dates for filing chart next month. (08.Oct.2020)Sheela Murthy and other...
