Answer If one's spouse seeks to enter on an H-4 visa, then the principal must enter in H1B status. If the principal enters on AP, the dependent spouse would not be eligible for H-4 status. (07.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer In general, an approved I-140 can be used to extend H1B status beyond 6 years, regardless of the job or employer. (07.Aug.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
The L1A intracompany transferee classification is designed to allow a qualifying multinational company to transfer a foreign national executive or manager to a related entity in the United States. For an L1A petition, the employer typically must demonstrate to the U.S. Citizenship and Immigration Services...
This MurthyDotCom NewsBrief has been updated for our readers. Find the edited version here....
Answer The USCIS sometimes inadvertently issues an approval for a longer duration than is legally allowed. In general, one should not rely on these USCIS errors, because the USCIS generally will not consider themselves bound by their own mistakes. Assuming you do not qualify for the...
Answer Any DUI arrest within the prior 5 years typically will result in a referral to a panel physician at the time of a visa interview. The embassy doctor will perform an evaluation to determine if the visa applicant has a drug or alcohol addiction. This...
As of Monday, July 24, 2017, the U.S. Citizenship and Immigration Services (USCIS) resumed accepting requests for premium processing for certain cap-exempt H1B petitions. As explained in the USCIS news release:Premium processing will resume for petitions that may be exempt from the cap if the...
Answer Leaving the United States generally would not cause one to lose a priority date. A U.S. company typically could file a new PERM and I-140 for the individual, and transfer the old priority date to the new I-140. (24.Jul.2017)In frequent sessions of our Chat, Sheela...
Answer If one in this situation is still being offered the same job by the I-140 sponsor, the case could be converted to "consular processing" by filing an I-824. One would apply for an immigrant visa at the U.S. consulate. (24.Jul.2017)In frequent sessions of our Chat,...
Answer Generally, one could be sponsored for a change back to H1B at any time, assuming that one has H1B "time" remaining. (24.Jul.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...
