Answer One who has an approved H1B petition and received an H1B visa 'stamp' normally is considered to be "counted against the cap" and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)In frequent sessions...
Answer Normally, filing a family-based case would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e. The priority date from an EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
Answer Typically, one can continue working on an approved, un-revoked H1B if one's change-of-employer H1B is denied, unless the USCIS specifically makes a determination that one is "out of status" and is required to depart the U.S. (20.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer This has never been completely clear. Some attorneys are of the opinion that approval of a cap-subject H1B petition (as long as it is not revoked before October 1st) means that one is counted against the cap. However, the Immigration and Nationality Act talks about...
The Murthy Law Firm continues to receive inquiries from those concerned about whether the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) will be altered, or even terminated. For the time being, the H-4 program remains unchanged. But, there have...
On October 20, 2017, the U.S. Department of Homeland Security's Office of Inspector General (OIG) released a report criticizing the U.S. Citizenship and Immigration Services (USCIS) Administrative Site Visits and Verification Program (ASVVP) and the use of targeted site visits. The report, entitled "USCIS Needs...
Today, the ninth circuit court of appeals handed the Trump Administration a partial victory, overturning a portion of the injunction that had been instituted on October 17, 2017 by a federal judge in Hawaii. The injunction had prevented the travel ban from being enforced against...
Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Gifted money is acceptable. One would need a "gift letter" verifying that repayment is not required or expected, and one will need to be able to demonstrate in great detail how the person who provided the gift acquired the money. Also, if any gift tax...
