Faq - Murthy Law Firm | U.S Immigration Law

20 Jul 2015

I’ve been working on OPT that was extended based on the “cap-gap” rule because my employer filed an H1B petition for me. However, the petition has just been denied. Can I transfer to another program of study? How much time do I have?

Answer Once the H1B petition is denied during the cap-gap period, and there are no USCIS findings of fraud / misrepresentation or F-1 status violations, you have 10 days of employment authorization and 60 days of a grace period in valid F-1 status. You must complete...

11:45 / FAQs / Student

13 Jul 2015

Is an H1B amendment needed if the work location is moved to a different city within the same county listed on existing LCA and petition?

Answer The amendment for location change is not needed if the relocation is within the same Metropolitan Statistical Area (MSA) covered by the LCA. The MSAs are often fairly large geographic areas, but it is necessary to check the new location. Similarly, if the location is...

12:32 / FAQs / Worker

13 Jul 2015

I am in my 6th year of H1B, and will soon change to H-4 and apply for an EAD. If I find an employer to sponsor me for a green card, can I then change back from H-4 to H1B?

Answer Potentially, it is possible to change back to H1B from H-4 after completing most of the six-year period. If the GC is far enough along to qualify the beneficiary to extend H1B status beyond 6 years, this change of status to H1B would be possible...

12:26 / Employment Based / FAQs / Resident / Worker

13 Jul 2015

I am in H1B and am sponsoring my mother’s B-2 application. By the time she goes for “stamping” I will have moved to a new employer. Will this create a problem for her B-2 case?

Answer A B-2 application is made by the individual seeking to visit the U.S. There may be an invitation from a person in the U.S. and there can also be an affidavit of support (I-134 form). The change to a new H1B employer should not impact...

12:24 / FAQs / Visitor / Worker

13 Jul 2015

An RFE was issued on my H1B extension filed by company A. My I-94 expired after this petition was filed. Can company B sponsor me for a change of employer while company A’s case is pending?

Answer Yes, company B can file an H1B petition in this situation. However, whether or not any approval given through company B will have an I-94 at the bottom depends upon the outcome of A's case. This type of filing pattern is known as bridging -...

12:11 / FAQs / Worker

10 Jul 2015

I applied for optional practical training (OPT) at the end of my program of study. While my application was pending, I left the U.S. to visit family in my home country before I would come back to work on OPT. …

... However, USCIS has just denied my OPT application. It is still less than 60 days after the completion of my program of study. Assuming there is no basis for a motion to reopen and/or reconsider (MTR) the denial of my OPT, can I come...

11:04 / FAQs / Student

06 Jul 2015

Can I apply for H1B under the master’s cap if I have been working in India since I graduated a year ago?

Answer Yes, if one qualifies for the advanced-degree cap exemption, it does not matter where s/he is located when the case is filed. It also does not matter when the degree was earned, only that the degree requirements were completed before filing the petition. (06.Jul.2015)In frequent...

07:18 / FAQs / Worker

06 Jul 2015

Can I enter the U.S. in H-4 status if I am 6 to 7 months pregnant?

Answer Yes, a person who is visibly pregnant is allowed to enter the U.S. in H-4 status. This is not the same as a person on a tourist visa just trying to get U.S. citizenship and/or U.S. medical services for the baby. It is important to...

07:11 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Worker

06 Jul 2015

I am in H1B status and my wife is on H-4. She was sponsored for an H1B position this year that was approved with an October 1st start date. If I change jobs now, will it impact her H1B?

Answer A change of H1B jobs does not impact the spouse's H-4 status. The H-4 is spouse-specific, not specific to the H1B spouse's job. Your wife's H1B petition is entirely separate, although the change of status presumes that the H-4 status will stay in place until...

07:10 / FAQs / Worker

06 Jul 2015

If my previous employer revokes my I-140 before my new employer files for the GC process, can I still retain the priority date from the previous I-140?

Answer Under current USCIS stated policy, the answer to this question is yes. There was a recent non-binding decision where the AAO interpreted the law / regulations to NOT allow this benefit after the I-140 revocation. But, for now, the policy is still in place and we...

07:02 / Employment Based / FAQs / Resident

Murthy Law Firm

I’ve been working on OPT that was extended based on the “cap-gap” rule because my employer filed an H1B petition for me. However, the petition has just been denied. Can I transfer to another program of study? How much time do I have?

Is an H1B amendment needed if the work location is moved to a different city within the same county listed on existing LCA and petition?

I am in my 6th year of H1B, and will soon change to H-4 and apply for an EAD. If I find an employer to sponsor me for a green card, can I then change back from H-4 to H1B?

I am in H1B and am sponsoring my mother’s B-2 application. By the time she goes for “stamping” I will have moved to a new employer. Will this create a problem for her B-2 case?

An RFE was issued on my H1B extension filed by company A. My I-94 expired after this petition was filed. Can company B sponsor me for a change of employer while company A’s case is pending?

I applied for optional practical training (OPT) at the end of my program of study. While my application was pending, I left the U.S. to visit family in my home country before I would come back to work on OPT. …

Can I apply for H1B under the master’s cap if I have been working in India since I graduated a year ago?

Can I enter the U.S. in H-4 status if I am 6 to 7 months pregnant?

I am in H1B status and my wife is on H-4. She was sponsored for an H1B position this year that was approved with an October 1st start date. If I change jobs now, will it impact her H1B?

If my previous employer revokes my I-140 before my new employer files for the GC process, can I still retain the priority date from the previous I-140?

Murthy Law Firm

MurthySouth

MurthyIndia

About Us

Legal

Government