Resident Archives - Page 74 of 167 - Murthy Law Firm

16 Jul 2018

I was issued a green card through my employer almost 5 years ago, and my wife received her green card as my dependent. If she applies for citizenship but I don’t, will that create any complications?

Answer Naturalization applications are individual applications. There is no requirement that all members of a family apply. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...

16 Jul 2018

I am in H1B status and have an approved I-140. Is it possible to now change to F-1 status?

Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa "stamp" at a...

14:11 / Consulates / FAQs / For Individuals / Resident / Student / Worker

13 Jul 2018

NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...

18:03 / Citizen / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker

13 Jul 2018

August 2018 Visa Bulletin: Some Movement in EB3, EB1 Retrogresses

This morning, the U.S. Department of State (DOS) released the August 2018 Visa Bulletin. The employment-based, third preference (EB3) category advance a bit for India, and surges forward for China. Meanwhile, a cutoff date is instituted in the employment-based, first preference (EB1) category for all...

10:47 / Employment Based / NewsBrief / Resident / Visa Bulletin

09 Jul 2018

Can I return to the U.S. using my unexpired advance parole (AP) if my renewal AP was approved while I was outside the U.S.?

Answer One generally is required to depart the U.S. and reenter on the same AP document. The approval of a new AP in the interim is irrelevant. One must still reenter before the old AP expires. (09.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other...

12:55 / FAQs / For Individuals / Resident / Travel / Worker

09 Jul 2018

After my I-140 is approved, can I change to a different position? Does that impact my I-140?

Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...

12:49 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker

09 Jul 2018

Given that the program may be terminated, is it advisable to apply for an H-4 EAD at this time?

Answer The H-4 EAD program likely will be eliminated at some point. Assuming the program is eventually terminated, we do not know yet what impact that will have on those with existing H-4 EADs. But, it certainly is possible that those with existing EADs will be...

12:43 / Employment Based / FAQs / For Individuals / Resident / Worker

06 Jul 2018

NewsFlash! USCIS to Place Far More Foreign Nationals in Removal Proceeding, Per New Memo

Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)...

10:16 / Citizen / For Employers / For Families / For Individuals / NewsBrief / Resident / Student / USCIS News / Visitor / Worker

05 Jul 2018

Murthy Success: I-485 Approved Based on “Approvable When Filed” Argument

The Murthy Law Firm is pleased to report on the recent, hard-fought approval of another I-485 adjustment-of-status (commonly, "green card") application. Represented by another law firm for the I-485 filing, the individual in this case engaged the Murthy Law Firm after he received a notice...

08:25 / For Individuals / Resident / Success Story

25 Jun 2018

DOL Memo on Roving Employees Remains in Effect

Although the website for the U.S. Department of Labor (DOL) was recently updated to indicate that a key memorandum on roving employees was "canceled," the DOL has since then confirmed that the memo remains in effect. The memo was written in 1994 by the then-Administrator...

13:56 / Employment Based / For Employers / For Individuals / NewsBrief / Resident

Murthy Law Firm

I was issued a green card through my employer almost 5 years ago, and my wife received her green card as my dependent. If she applies for citizenship but I don’t, will that create any complications?

I am in H1B status and have an approved I-140. Is it possible to now change to F-1 status?

NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

August 2018 Visa Bulletin: Some Movement in EB3, EB1 Retrogresses

Can I return to the U.S. using my unexpired advance parole (AP) if my renewal AP was approved while I was outside the U.S.?

After my I-140 is approved, can I change to a different position? Does that impact my I-140?

Given that the program may be terminated, is it advisable to apply for an H-4 EAD at this time?

NewsFlash! USCIS to Place Far More Foreign Nationals in Removal Proceeding, Per New Memo

Murthy Success: I-485 Approved Based on “Approvable When Filed” Argument

DOL Memo on Roving Employees Remains in Effect

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