In 2004, the U.S. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification...
Answer When the USCIS issues an RFE for medicals on a pending I-485 application, that may be an indication that the case is close to being approved. We tend to see this a lot as we approach the end of the fiscal year (i.e., September 30th).That...
Answer There is guidance indicating 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, we cannot entirely rule out the possibility that a CBP officer...
The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...
The U.S. consulates in India have recently altered the method for a visa applicant to appear for a follow-up appointment following a 221(g) refusal. The new process appears to be an improvement over the prior method, which required the applicant to schedule the follow-up appointment...
The U.S. Citizenship and Immigration Services (USCIS) will soon begin the second phase of its efforts to expand the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS is expanding the...
Answer Filing an L-1 petition (or applying for an L-1 visa under a company's L-1 Blanket) should not impact the H1B petition. If the H1B petition is approved for consular notification (i.e., approved without an I-94), you would likely need to leave the U.S. and obtain...
Answer Typically, there is no need to be in the U.S. when an I-140 is filed. (27.Jul.2022)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 © 2022, MURTHY LAW FIRM....
Answer No, this should not impact your ability to retain the priority date from Company A's approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be allowed...
There has been a shortage of nonimmigrant visa (NIV) appointments at the U.S. consulates in India throughout the ongoing pandemic. This problem has been exacerbated by certain agents who have been booking visa appointments in bulk, and then charging visa applicants for these scarce appointment...
