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07 Nov 2019

I have an L1A visa stamp in my passport and a B-1/B-2 visa stamp. If I want to come to the U.S. for 1 week on vacation. If I enter using my B-1/B-2, will that cause my L1A stamp to be revoked?

Answer There is no prohibition against having multiple visa "stamps" in one's passport. Entering the U.S. using one's B-1/B-2 visa typically would have no impact on the L1A visa. (07.Nov.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

13:19 / FAQs / For Individuals / Travel / Visitor / Worker
07 Nov 2019

I am about to file my N-400 application for naturalization. However, my birth certificate does not have my name on it. Will this create a problem with my N-400?

Answer Typically, a birth certificate is not a mandatory document for the filing of a naturalization application. (07.Nov.2019)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 © 2019, MURTHY LAW FIRM....

13:15 / Citizen / FAQs / For Individuals
07 Nov 2019

I am currently working based on H-4 EAD. Can my company sponsor me for a green card under the EB3 category?

Answer Working based on an H-4 EAD typically would have no impact on a company's ability to sponsor you for a green card. As long as you meet the standard requirements, the company can sponsor you for an EB3 position. (07.Nov.2019)Sheela Murthy and other senior attorneys...

13:12 / Employment Based / FAQs / For Employers / For Families / Nonimmigrant Family / Resident / Worker
31 Oct 2019

My STEM OPT was approved through July 2021. My H1B was selected in this year’s lottery, but it was just denied. Can I keep working based on my STEM OPT?

Answer Normally, an H1B change-of-status denial would have no impact on one's current status or eligibility to continue working in STEM OPT. (30.Oct.2019)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...

12:12 / FAQs / For Individuals / Student / Worker
31 Oct 2019

My H-4 EAD is about to expire, and my EAD renewal application has been pending for three months. If I submit an expedite request and that request is denied, will it negatively impact my pending EAD application?

Answer In the current environment, the USCIS generally will only approve an expedite request if the person can provide a compelling reason and strong supporting evidence for the expedite request. That being said, if the request is denied, this normally should not negatively impact the pending...

12:09 / Employment Based / FAQs / For Families / Nonimmigrant Family / Resident / Worker
31 Oct 2019

I have been working in H1B status for several years. My I-94 has been extended to 2022, but the visa stamp in my passport has expired. Can I apply for a new stamp in Canada?

Answer Generally speaking, it is possible to apply for a visa "stamp" in Canada. It is suggested that you read this official information regarding third-country nationals applying for a visa in Canada. (30.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

11:57 / Consulates / FAQs / Travel / Worker
24 Oct 2019

My H1B petition was filed using premium processing, and an RFE was issued within 15 days. My employer just submitted the RFE response. Will that also be reviewed using premium processing?

Answer Yes, generally speaking, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision - or, less likely, issue a second RFE or a notice of intent to deny (NOID) - within 15...

11:32 / FAQs / For Employers / For Individuals / Worker
24 Oct 2019

I had about 20 months left of STEM OPT time remaining, when my H1B change of status was approved. Is it possible to go back to my STEM OPT, use the remaining time, and then return to H1B status?

Answer Once a person has started working pursuant to STEM OPT and then changes to H1B status, any remaining STEM OPT time generally is abandoned. (23.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

11:29 / FAQs / For Individuals / Student / Worker
24 Oct 2019

I am in H1B status, my wife is in H-4 status, and my son is a U.S. citizen. We just moved to a new address. Can I fill out one AR-11 for the entire family?

Answer Generally speaking, a separate AR-11 must be filed for each non-exempt family member. (i.e., No AR-11 is needed for the U.S. citizen child.) (23.Oct.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access more...

11:25 / FAQs / For Individuals / Worker
17 Oct 2019

My H1B petition was approved for consular notification. My employer listed Hyderabad as the consulate to be notified, but I actually live near the U.S. Consulate in Chennai. Is it ok if I apply for my H1B visa stamping in Chennai?

Answer Normally, it is possible to apply for an H1B visa "stamp" at a different consulate from the one listed on the H1B petition. This sometimes causes a delay in the visa being issued, but such delays typically are less than 2 weeks. (16.Oct.2019)Sheela Murthy and...

12:31 / Consulates / FAQs / For Individuals / Travel / Worker