Faq - Murthy Law Firm | U.S Immigration Law

13 Oct 2014

My husband and I are both in H1B status. I have an approved I-140 and am waiting for my priority date to become current. Can my husband extend his H1B status beyond 6 years based on my approved I-140?

Answer The laws allowing for H1B extensions beyond the six-year limit are interpreted as requiring that the GC case be filed for the particular H1B worker (not their spouse). So, only the primary gets the benefit of the H1B extensions based upon the I-140 approval. (13.Oct.2014)In...

16:07 / FAQs

13 Oct 2014

I am on H1B, and I am currently being paid twice as much as the salary listed on the LCA. Does the employer need to get the LCA amended?

AnswerThe LCA wage is a minimum; the employer could pay more. However, the employer should look to see if the LCA is really correct as to the wage level, and possibly even the job category. If it was set at a level that was not...

16:05 / FAQs

13 Oct 2014

I applied for an H1B visa and was issued a 221(g). It has been almost 2 months and I have not received any update on my case. Can I reapply for a visa at a different consulate using the same H1B petition?

Answer The problem will not go away by applying elsewhere. The 221(g) refusal will show in the system, and has to be mentioned on the visa application anyway. I would suggest getting some input and assistance from Murthy Immigration Services, Pvt. Ltd., our affiliate in Chennai,...

16:01 / FAQs

10 Oct 2014

I have been enrolled in study in F-1 status working with CPT authorization. My employer filed an H1B petition asking that my F-1 status be changed to H1B starting October 1st. …

... The H1B petition was based on my previous degree in computer science. Unfortunately, the USCIS denied the change of status request saying that I violated my F-1 status because my employment did not meet the CPT requirements. My employer tells me that I am...

16:42 / FAQs

06 Oct 2014

How long does it take to get the GC once the I-485 has been filed in the EB1 category? I have been waiting for 3 yrs. What is the follow up process?

Answer The EB1 category has historically always been current. Thus, the processing time should just be standard I-485 processing time - maybe 6 months or so. It shouldn't take anything close to 3 years, unless there is some problem. The lawyer should follow up with the...

20:24 / FAQs

06 Oct 2014

I am in H1B status, valid through AUG 2016. I now need to leave the U.S. for family reasons. Is it ok if I keep the H1B as it is until AUG 2016 while I am away, or do I need to cancel the H1B?

Answer The individual does not have the ability to "keep" or "cancel" an H1B petition. H1B status is only held in the U.S., and the H1B petition is the employer's petition. The time spent out of the U.S. doesn't count toward the 6-year limit. So, the...

20:16 / FAQs

06 Oct 2014

My company is filing for my GC under EB2. My country of origin is India and my wife’s country of origin is the Philippines. I am the primary applicant on H1B and my wife is on H-4. Can I take the benefit of cross chargeability, as my wife is a Filipino and EB2 queue for Philippines is current?

Answer Yes, we have requested cross chargeability in such situations when filing the I-485. The I-485 for husband / wife have to be filed together in these cases, with a request for cross chargeability. This can cut years of waiting time for Indian nationals. (06.Oct.2014)In frequent...

20:13 / FAQs

06 Oct 2014

How long does it typically take to get an EAD once the I-485 application is filed? Does it get delayed if the I-485 dates are not current?

Answer The USCIS is required to process EAD applications within 90 days. At this time, the USCIS is somewhat delayed with EADs, so it is taking the full 90 days (or a bit more). But, EAD/AP requests should generally be processed without delay, even if the...

18:53 / FAQs

03 Oct 2014

Last year, I finished my program of study and applied for OPT. I was working on OPT for almost one year and decided to apply for the 17-month STEM extension, based on my degree in computer science. …

... Unfortunately, I filed by STEM OPT application after the expiration of my EAD and USCIS denied it as untimely filed. Is this decision correct? What can I do to get back in status? Answer Because a STEM extension application has to be filed and received by...

18:45 / FAQs

29 Sep 2014

My EAD has been filed by another employer with whom I am not employed right now. Once I get the EAD approval, can the secondary applicant convert to EAD status?

Answer EAD is not a status, it is work authorization granted based upon the I-485 filing. The derivative beneficiary (dependent) can work on EAD. However, what is important here before such a change, is to assess the risks - particularly since the GC sponsor is not...

15:03 / FAQs

Murthy Law Firm

My husband and I are both in H1B status. I have an approved I-140 and am waiting for my priority date to become current. Can my husband extend his H1B status beyond 6 years based on my approved I-140?

I am on H1B, and I am currently being paid twice as much as the salary listed on the LCA. Does the employer need to get the LCA amended?

I applied for an H1B visa and was issued a 221(g). It has been almost 2 months and I have not received any update on my case. Can I reapply for a visa at a different consulate using the same H1B petition?

I have been enrolled in study in F-1 status working with CPT authorization. My employer filed an H1B petition asking that my F-1 status be changed to H1B starting October 1st. …

How long does it take to get the GC once the I-485 has been filed in the EB1 category? I have been waiting for 3 yrs. What is the follow up process?

I am in H1B status, valid through AUG 2016. I now need to leave the U.S. for family reasons. Is it ok if I keep the H1B as it is until AUG 2016 while I am away, or do I need to cancel the H1B?

My company is filing for my GC under EB2. My country of origin is India and my wife’s country of origin is the Philippines. I am the primary applicant on H1B and my wife is on H-4. Can I take the benefit of cross chargeability, as my wife is a Filipino and EB2 queue for Philippines is current?

How long does it typically take to get an EAD once the I-485 application is filed? Does it get delayed if the I-485 dates are not current?

Last year, I finished my program of study and applied for OPT. I was working on OPT for almost one year and decided to apply for the 17-month STEM extension, based on my degree in computer science. …

My EAD has been filed by another employer with whom I am not employed right now. Once I get the EAD approval, can the secondary applicant convert to EAD status?

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