Answer The H-4 COS will be abandoned when one leaves the U.S., but one can apply for an H-4 visa stamp to return at any time (assuming the principal spouse is in valid H1B status). A COS approval is not required to apply for a visa...
Answer There is no set amount of time a person must wait between visits. Whether the person will be admitted, however, is subject to the discretion of the CBP officer at the airport. If the officer is not satisfied that one is truly a "visitor," admission...
Answer One can qualify for OPT after one year of full-time study in any status (as long as s/he is in F-1 status at the time the OPT application is filed). (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer One should consult with a qualified attorney to review one's qualifications. However, two publications generally would not be sufficient to qualify for EB1(a) or EB1(b), unless the publications were extremely influential in the field. (14.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer Generally speaking, there is no need to withdraw either petition. As long as they were filed by two truly unrelated (as defined by the USCIS) companies, both cases may continue to be processed. If both are approved, you then typically would need to select which...
Answer This is a complicated question. One in this situation should consult with a qualified attorney for individualized advice. It is important to remember that one does not obtain H1B status until October 1st. A withdrawal by the H1B petitioning employer before October 1st likely would...
Answer The Murthy Law Firm continues to receive H1B cap case receipt notices. If last year is any indication, however, nearly all of the receipt notices will be issued before the middle of May. (07.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
Answer An I-485 EAD provides nearly unrestricted work authorization. So, yes, a person may have multiple employers. It is important to remember, however, that one's green card job offer normally should be retained at all times so that one remains eligible for the I-485 approval. (07.May.2018)In...
Answer The USCIS normally makes a decision within 60 days of receiving a RFE response, although they are not required to do so. In some cases, a decision can take longer than that standard timeframe. (30.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that generally would require filing a new labor certification and I-140 petition for that new position. However, if you have an approved I-140, you should be...
