Faq - Murthy Law Firm | U.S Immigration Law

12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...

12 Oct 2015

My I-140 is approved and my I-485 has been pending for 180 days. If I move to a new employer, does that company have to file a new PERM case for me?

Answer It is not necessary to file a new PERM case through the new employer, as long as the new job fits within the AC21 requirements. That is, the new job has to fall within the same / similar job classification as the PERM job with...

16:13 / Employment Based / FAQs / Resident

12 Oct 2015

I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?

Answer If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer that...

16:09 / Employment Based / FAQs / Resident

12 Oct 2015

Can I travel abroad while my H1B extension is pending?

Answer The question here is how one plans to return to the U.S. If the H-1 approval is needed in order to return, it is risky to travel. Travel doesn't make it more or less likely that the case will be approved; it is just that...

16:07 / FAQs / Travel / Worker

09 Oct 2015

I have been attending a university in F-1 status. Because my program required that I complete an internship, I applied for and received authorization for Curricular Practical Training (CPT) in my fourth semester…

... that I am currently registered for. My DSO has recently informed me that, because I fell below the required full courseload, I am now out of status and have to apply for reinstatement. Will I be able to continue working on CPT while waiting...

22:02 / FAQs / Student

05 Oct 2015

Is it possible to change status from EAD (I-485 pending) to H1B (6 yrs completed)?

Answer It is possible to regain H1B status after working on EAD. But, it is necessary to do so from outside of the U.S. - applying for an H1B visa "stamp" at a consulate abroad based upon an H1B petition approval. This generally is not recommended,...

11:52 / Employment Based / FAQs / Resident / Worker

05 Oct 2015

I have resigned from my H1B position, but my I-94 is valid through 2017. How long I can stay in the U.S.?

Answer H1B status ends with the job. There is no grace period. The I-94 expiration date does not equate to status when one is not complying with the terms of status. Options should be discussed in a consultation without delay. (05.Oct.2015)In frequent sessions of our Chat,...

11:50 / FAQs / Worker

05 Oct 2015

I have H1B approvals from 2 different employers. If Employer A withdraws their H1B petition, would this impact the H1B approved for Employer B?

Answer I assume that these are cap-subject cases. In any event, if they are not connected to each other at all (not violating the prohibitions on multiple filings by same / related employer), then there is no problem with having two filings. Each is independent of...

11:48 / FAQs / Worker

05 Oct 2015

Is there any temporary work visa available for Nurses?

Answer There is not a nurse-specific nonimmigrant category. This is a long-standing problem. Some (but certainly not all) RNs qualify for H1B status. They must have bachelor's degrees and work in the limited types of nursing jobs that require the 4-year degree as a minimum requirement....

11:45 / FAQs / Medical / Worker

02 Oct 2015

I have been working on optional practical training (OPT) in F-1 status. I still have six months of my OPT authorization left. I would like to go back to school part time to take classes toward another degree. Will I be able to continue working on OPT?

Answer There is very little clearly stated guidance on taking classes while engaging in OPT. Based on the guidance issued by the Legacy INS in the early 1990s, F-1 students authorized for OPT should be permitted to take classes on a part-time basis, which are either...

08:39 / FAQs / Student

Murthy Law Firm

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

My I-140 is approved and my I-485 has been pending for 180 days. If I move to a new employer, does that company have to file a new PERM case for me?

I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?

Can I travel abroad while my H1B extension is pending?

I have been attending a university in F-1 status. Because my program required that I complete an internship, I applied for and received authorization for Curricular Practical Training (CPT) in my fourth semester…

Is it possible to change status from EAD (I-485 pending) to H1B (6 yrs completed)?

I have resigned from my H1B position, but my I-94 is valid through 2017. How long I can stay in the U.S.?

I have H1B approvals from 2 different employers. If Employer A withdraws their H1B petition, would this impact the H1B approved for Employer B?

Is there any temporary work visa available for Nurses?

I have been working on optional practical training (OPT) in F-1 status. I still have six months of my OPT authorization left. I would like to go back to school part time to take classes toward another degree. Will I be able to continue working on OPT?

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