Faq - Murthy Law Firm | U.S Immigration Law

24 Apr 2015

I have finished my program of study in F-1 status and applied for Optional Practical Training (OPT). I have received my EAD and am ready to start employment. I would also like to take additional courses…

... in management to increase my chances for getting good employment options in the future. Am I able to take classes while on OPT? Answer Unfortunately, the answer to this question is not entirely clear. The most current guidance was issued by INS in the early 1990s....

11:42 / FAQs

20 Apr 2015

Are multiple H1B transfers permitted?

Answer Yes, H1Bs are not actually transferred; so, a person can have multiple job changes based upon employer petitions. Or, there could be multiple H1B petition approvals, and the person just picks which job s/he wishes to take. Be careful with any contract signed with an...

16:00 / FAQs

20 Apr 2015

Is it mandatory to include your spouse’s name on the I-140?

Answer The information on the I-140 should be accurate. If one is married when it is filed, that should be included in the I-140. If one is single when it is filed, there does not need to be an I-140 update or amendment to reflect a...

15:59 / FAQs

20 Apr 2015

After completing six years in H1B status and then remaining outside the U.S. for one year, am I eligible to apply for H1B status again without having to go through the lottery?

AnswerIf a person leaves the U.S. for one year, an employer may file an H1B petition for that individual, which would allow the 6-year H1B period to start anew. However, this type of case is cap-subject. In order to return in H1B status after completing...

15:58 / FAQs

20 Apr 2015

Do I need to go to India if I want to change status from H1B to H-4 in order to apply for an EAD?

Answer The change can be done either by filing for change of status from within the United States, or by applying for an H-4 visa from abroad. The main difference is that, if the COS is filed in the U.S., the H1B status stays in place...

15:56 / FAQs

17 Apr 2015

My I-20 lists the end program date next month. However, I just found out that I would not be able to finish my study as initially planned because I changed my research topic …

... which I need to complete in order to graduate. Therefore, I will apply to my DSO for the extension of my program. Does my wife in F-2 status need to do anything separately to extend her stay? Answer Your dependents' F-2 status, including that of your...

13:19 / FAQs

13 Apr 2015

Can one apply for a change of status from H-4 to H1B with an approved I-140?

Answer Yes, it may be possible to request a change of status to H1B with an I-140 approval. However, it is still necessary to meet all the general H1B requirements - including a cap filing or cap exemption - in every situation. (13.Apr.2015)In frequent sessions of...

13:25 / FAQs

13 Apr 2015

Can an online master’s degree be used to qualify for the H1B master’s exemption? What about a master’s degree from a part-time or evening program?

Answer The advanced degree exemption requires a degree from an accredited, nonprofit U.S. college or university. It does not matter if the program was part-time, evening, and/or online. Just check the nonprofit / for-profit status of the school and the accreditation. There are links on MurthyDotCom...

13:24 / FAQs

13 Apr 2015

Do you foresee any changes in the law to decrease the wait time in the EB2 India category?

AnswerWe are always hopeful, but there does not seem to be anything likely in the near future. The law itself is unlikely to change in the current political climate. The EB2 India backlog is tied to the limits in the law. Regulations and policy are...

13:13 / FAQs

13 Apr 2015

Can I change to F-1 status after my H1B expires (6 years completed) and then apply for a new H1B position after finishing my master’s degree?

Answer No, the six-year clock does not reset due to being in another status for a year. It is necessary to leave the U.S. for a year in order to be eligible for a new six years of H1B time. It is also necessary to file...

13:09 / FAQs

Murthy Law Firm

I have finished my program of study in F-1 status and applied for Optional Practical Training (OPT). I have received my EAD and am ready to start employment. I would also like to take additional courses…

Are multiple H1B transfers permitted?

Is it mandatory to include your spouse’s name on the I-140?

After completing six years in H1B status and then remaining outside the U.S. for one year, am I eligible to apply for H1B status again without having to go through the lottery?

Do I need to go to India if I want to change status from H1B to H-4 in order to apply for an EAD?

My I-20 lists the end program date next month. However, I just found out that I would not be able to finish my study as initially planned because I changed my research topic …

Can one apply for a change of status from H-4 to H1B with an approved I-140?

Can an online master’s degree be used to qualify for the H1B master’s exemption? What about a master’s degree from a part-time or evening program?

Do you foresee any changes in the law to decrease the wait time in the EB2 India category?

Can I change to F-1 status after my H1B expires (6 years completed) and then apply for a new H1B position after finishing my master’s degree?

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