Moving from one employer to another in the best of circumstances can be stressful. For a foreign national who has an approved I-140, however, moving to a new employer - or even just a new position with the same company - can be absolutely nerve...
The U.S. Department of State (DOS) has released the January 2020 Visa Bulletin. This month's visa bulletin also includes predictions for cutoff date movement in the coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Employment-Based,...
Answer Generally speaking, in the green card context, an applicant is charged against the country of birth, not the country of citizenship. Becoming a British citizen typically would have no impact on the green card process. (18.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the TN job ends, it likely will be necessary to stop working until the EAD is issued (or you get a TN petition approved through a new employer). (18.Dec.2019)Sheela Murthy...
Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...
H1B cap filing season is nearly upon us, and the new electronic registration system has altered the H1B lottery process significantly. Below are answers to a number of frequently asked questions sent from both foreign nationals and H1B employers. 1. What is the H1B cap? The...
Answer Generally speaking, there is no requirement that the beneficiary move to the new employer once the H1B change of employer has been approved. As long employer A's approved H1B petition remains valid, the H1B worker typically is permitted to remain with that employer. (11.Dec.2019)Sheela Murthy...
Answer Yes, ordinarily, a valid H1B visa "stamp" would be required, even for a brief trip abroad such as this.Note that there are some exceptions to his general rule. For instance, if certain conditions are met, an H1B worker may travel to Canada or Mexico for...
Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...
William Barr, the U.S. Attorney General, recently certified a decision on a case, Matter of Castillo-Perez, in which he ruled that a foreign national who has two or more convictions for driving under the influence (DUI) is presumed to lack "good moral character" (GMC). A...
