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16 Sep 2021

I have been working for Employer A on OPT, and my H1B was selected in the second lottery. The petition was approved with an October 1st start date. I am not getting along with my supervisor and would like to move a new employer. Can a company file an H1B change of employer for me on October 1st? Or, do I need to first wait for a few paystubs?

Answer With an approved change of status, the foreign national typically is considered to be counted against the cap on October 1st. Once a person has been counted against the H1B cap, a change of employer normally can be filed at any time. (16.Sep.2021)Sheela Murthy and...

07:01 / FAQs / For Employers / For Individuals / Worker
16 Sep 2021

My I-140 was approved more than 180 days ago, and I then moved to a new employer. The company that filed my I-140 will soon be acquired by a larger entity. Will this acquisition prevent me from extending H1B status beyond 6 years?

Answer Ordinarily, an acquisition of the company that filed the I-140 would not impact the beneficiary's ability to continue to extend H1B status based on that approved I-140. (16.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

06:59 / Employment Based / FAQs / For Individuals / Resident / Worker
13 Sep 2021

NewsFlash! Use “Dates for Filing Chart” for Oct 2021 Visa Bulletin

The U.S. Citizenship and Immigration Services (USCIS) updated its adjustment-of-status filing charts webpage today, indicating that the more favorable dates for filing chart (i.e., Chart B) is to be used for virtually all family and employment-based categories in the October 2021 Visa Bulletin. The only...

17:05 / Employment Based / Family Based / For Employers / For Individuals / NewsBrief / Resident / Visa Bulletin / Worker
09 Sep 2021

I am currently in the U.S. and have an approved I-140. I also recently was granted permanent residency in Canada. I would like to work for the U.S. company from Canada, so that I may apply for Canadian citizenship in a few years. Will moving to Canada for a few years impact my I-140?

Answer Generally speaking, leaving the U.S. would have no direct impact on one's approved I-140.  (09.Sep.2021)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 © 2021, MURTHY LAW FIRM. All...

11:24 / FAQs / For Individuals / Travel / Worker
09 Sep 2021

I am in H1B status and have an EAD based on my pending I-485. If my H1B extension is denied, can I start working based on my EAD, or would the denial of the H1B also result in my EAD being canceled?

Answer Generally speaking, an H1B denial would not impact the validity of an EAD issued based on a pending I-485 application.  (09.Sep.2021)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...

11:21 / FAQs / For Individuals / Worker
09 Sep 2021

Several years ago, my U.S. citizen sister sponsored me for a green card. I now have an employer starting the PERM process for me. Do I need to withdraw the I-130 filed by my sister?

Answer Ordinarily, being sponsored by a family member for a green card would not impact an employer's ability to sponsor you. (09.Sep.2021)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...

11:18 / FAQs / For Individuals / Resident / Worker
06 Sep 2021

Last Name First – No Joking Matter!

When dealing with the government, the result of using unofficial adaptations of one's name for official documents can cause big problems in the immigration process. Surprisingly, immigration laws and regulations provide little guidance on the issue of the proper use of names in documents filed...

09:15 / Complexities / For Families / For Individuals
02 Sep 2021

I am currently in the U.S. and have a valid H1B visa. I wish to travel to India, but I am worried I may get stuck there. Can I apply for a national interest exception (NIE) while I am still in the U.S.?

Answer Unfortunately, the answer appears to be no. Until very recently, it seemed possible to apply for an NIE before traveling abroad. However, the U.S. Embassy in India recently updated its webpage to indicate that "[w]e cannot pre-adjudicate NIEs for applicants not currently in India."  (02.Sep.2021)Sheela...

07:25 / FAQs / For Individuals / Travel / Worker