Faq - Murthy Law Firm | U.S Immigration Law

01 Dec 2014

Our company recently moved to a new town within the same metropolitan statistical area (MSA). I have my labor and I-140 approved with the previous location. Is it now necessary to redo the labor and I-140?

Answer Generally, it is not necessary to redo the whole PERM when there is a move within a short (commutable) distance. However, just to be careful, given the seriousness of this situation, the exact details and locations should be reviewed by a qualified attorney, so that...

12:30 / FAQs

01 Dec 2014

I am currently an F-1 student in OPT status and employed full time by a company. Please advise if there are any risks in renewing my F-1 visa while on OPT.

Answer There are always risks when applying for a visa at the consulate. However, students are allowed to travel while on OPT, as long as they don't violate the unemployment rules and have all the needed documents and proper employment. It would be best to work...

12:28 / FAQs

24 Nov 2014

What is the impact of new executive action on pending EB3 green card applications?

Answer There is a great deal that is yet to be seen with the executive actions. It is important to understand that, while the President created a new program (for undocumented foreign nationals) by executive ORDER, he also issued a large number of executive ACTIONS, giving...

13:49 / FAQs

24 Nov 2014

Can an EAD renewal application based on a pending AOS be expedited if there is no decision within 90 days of filing?

Answer EADs are supposed to be processed in 90 days. If that does not happen, it is important to follow up with a service request. There is guidance on MurthyDotCom on how to make such requests so that the EAD, hopefully, can move forward to approval. (24.Nov.2014)In...

13:47 / FAQs

24 Nov 2014

I have worked in L-1 status for about 5 years, but my current employer is not keen on sponsoring me for a GC. Can I change to a different employer?

Answer L-1s cannot just change employers, as they would not usually qualify for L-1 with a different sponsoring company. L-1s sometimes change to H1B, but would have to contend with the cap. Also, the time on L-1 is counted against the available H1B time. So, there...

13:46 / FAQs

24 Nov 2014

Can one travel to Puerto Rico with an approved H1B petition, but no H1B visa stamp?

Answer Since P.R. is part of the United States, it is not necessary to have a visa "stamp" to return to the U.S. mainland from P.R. There are security checks to ensure that those who lack authorization to be in the United States are prevented from...

13:44 / FAQs

17 Nov 2014

What dependent status or visa does the wife of a green card holder get after getting married?

Answer Unfortunately, there is no dependent / visa status immediately available to the spouse of a lawful permanent resident (LPR or 'green card' holder). If the marriage happens after the GC is approved, the LPR can petition for the spouse in the FB2A category. However, this...

20:35 / FAQs

17 Nov 2014

Can I travel on my valid H1B visa while my family-based adjustment of status application (based on marriage to a U.S. citizen) is pending?

Answer Yes, it is possible to travel in H1B status while a GC case (based on marriage or employment) is pending. Just make sure that there is someone reliable getting any notices in your GC case while you are gone, as marriage-based cases often move quickly...

20:27 / FAQs

17 Nov 2014

Is anyone with 5 years of U.S. experience eligible for EB2?

Answer No, not everyone with five years of work experience qualifies for EB2. First, it is necessary to have a U.S. bachelor's degree (or foreign equivalent degree) prior to the start of the five years of experience. Additionally, the experience is supposed to be progressively more...

20:24 / FAQs

17 Nov 2014

Can I file H1Bs though multiple employers? What will happen if more than one petition is selected?

Answer It is possible to file multiple H1B petitions through multiple (UNRELATED) employers. These petitions should be completely unconnected to each other. This year, we have gotten a number of calls about situations where identical cases were filed by different employers. That is generally quite problematic...

20:18 / FAQs

Murthy Law Firm

Our company recently moved to a new town within the same metropolitan statistical area (MSA). I have my labor and I-140 approved with the previous location. Is it now necessary to redo the labor and I-140?

I am currently an F-1 student in OPT status and employed full time by a company. Please advise if there are any risks in renewing my F-1 visa while on OPT.

What is the impact of new executive action on pending EB3 green card applications?

Can an EAD renewal application based on a pending AOS be expedited if there is no decision within 90 days of filing?

I have worked in L-1 status for about 5 years, but my current employer is not keen on sponsoring me for a GC. Can I change to a different employer?

Can one travel to Puerto Rico with an approved H1B petition, but no H1B visa stamp?

What dependent status or visa does the wife of a green card holder get after getting married?

Can I travel on my valid H1B visa while my family-based adjustment of status application (based on marriage to a U.S. citizen) is pending?

Is anyone with 5 years of U.S. experience eligible for EB2?

Can I file H1Bs though multiple employers? What will happen if more than one petition is selected?

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