Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...
Answer Ordinarily, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But the USCIS typically can grant an extension of status beyond the expiration date of the passport. (09.Feb.2023)Sheela...
Answer A change from H1B to H-4 typically would have no impact on the I-140. (09.Feb.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...
Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...
The U.S. Citizenship and Immigration Services (USCIS) recently announced it will significantly extend the validity period of a green card belonging to a conditional permanent resident (CPR), when the CPR files a petition to remove conditions on residence (form I-751) or a petition by investor...
Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...
Answer Ordinarily, it is possible to remain in the U.S. based on a pending I-485 application. So, it typically is not required to extend one's underlying nonimmigrant status. However, if the person has not maintained nonimmigrant status and the I-485 is denied, this typically means the...
Answer There is no need to add a new spouse to an approved I-140. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (02.Feb.2023)Sheela Murthy and other senior...
Congress created the R-1 visa classification to allow religious organizations to bring different categories of religious workers from affiliated religious organizations overseas to staff organizations in the United States for a temporary period. A basic overview of the R-1 nonimmigrant visa category is provided here...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that the H1B registration period for fiscal year 2024 (FY24) will start at noon Eastern Time (ET) on March 1, 2023, and end at noon ET on March 17, 2023. Background on Registration Process In order to...
