Faq - Murthy Law Firm | U.S Immigration Law

05 May 2014

Can a primary H1B applicant, whose permanent residence is in progress, apply for his dependent spouse’s green card, even while she is outside of the U.S. and doesn’t have a dependent visa? We will be filing using cross chargeability.

Answer In order to utilize cross chargeability, the couple has to be processing together. It may still be possible - either by processing both cases through the consulate for an immigrant visa, OR by having the spouse come as an H-4 and doing adjustment-of-status cases. It...

21:06 / FAQs

05 May 2014

I am currently working on curricular practical training (CPT) in my last semester. My CPT is authorized until the end of my program of study, which is in less than one month. I have just applied for optional practical training (OPT) …

... and intend to continue working for my current employer on OPT. Since it normally takes up to 90 days for USCIS to approve OPT and to issue an employment authorization document (EAD), but I will be finishing up working on CPT next month, can...

08:09 / FAQs

28 Apr 2014

Can we retain the priority date from employer A to B just with the I-140 approval receipt number?

Answer Yes, the priority date can be retained from an approved I-140 without having the actual approval notice. The USCIS has the information needed within its own records, since they are the ones that approved the first I-140. It is best if there is a receipt...

21:41 / FAQs

28 Apr 2014

Regarding Advance Parole, is it true that one cannot get this if one wants to visit family and friends or go on vacation?

Answer No, that is not true! There was a time, many years ago, when AP was limited to emergency situations. You had to show life-and-death urgency. This eased over time and, now, it is routinely granted for I-485 applicants if they just ask. There are other...

21:37 / FAQs

28 Apr 2014

I’m a 21-year-old U.S. citizen. Can I sponsor my parents to become permanent residents? They entered the U.S. without a visa and have lived here illegally for over twenty years.

Answer An adult U.S. citizen can file a GC case for a parent. However, even in this category, in order to adjust status, a person has to show that s/he entered legally. This category is very forgiving of overstays and various other immigration violations, but the...

21:35 / FAQs

28 Apr 2014

Can an online degree be used for filing an H1B under the master’s cap?

Answer In order to qualify for the advanced-degree, or "master's" cap the degree must be from an accredited, nonprofit university. There is no specific requirement regarding online courses. The U.S. Department of Education has information on schools and accreditation. (28.Apr.2014)In frequent sessions of our Chat, Sheela...

21:32 / FAQs

21 Apr 2014

A new company has filed an H1B petition on my behalf, and I currently have unexpired H1B visa stamp from my previous employer. Do I need to get a new H1B visa stamp in order to enter the U.S.?

Answer The H1B visa in the passport is not employer-specific. Even though it has the employer's name on it, it can be used for any H1B travel during its validity. So, it is okay to travel with the unexpired visa from company A and the H1B...

21:56 / FAQs

21 Apr 2014

I have applied to extend my parents’ B-1/B-2 extension for another 6 months, and it is currently in processing. Can they continue to stay in U.S. legally until we hear back from the USCIS?

Answer Individuals are generally considered to be legally in the U.S. based upon the filing of a timely request to change or extend status--but only for the lesser of the time permitted by or requested in the extension. However, tourist extensions can be risky. Most genuine...

21:53 / FAQs

21 Apr 2014

Is it possible to go back to my home country while my H1B petition is processing?

Answer It is possible to travel with an H1B petition pending. However, if this is a change of status request, travel while it is pending will abandon the request to change status (but not the H1B petition itself). If this is an extension of H1B status,...

21:49 / FAQs

21 Apr 2014

Can I have a gap between previous employment and new employment after the new employer has filed an H1B petition for me?

Answer In order to obtain an extension of status, the legal requirement is that the new petition must be filed while the person is still in valid status. A gap in employment as an H1B is a gap in status; thus, there may be an issue...

21:47 / FAQs

Murthy Law Firm

Can a primary H1B applicant, whose permanent residence is in progress, apply for his dependent spouse’s green card, even while she is outside of the U.S. and doesn’t have a dependent visa? We will be filing using cross chargeability.

I am currently working on curricular practical training (CPT) in my last semester. My CPT is authorized until the end of my program of study, which is in less than one month. I have just applied for optional practical training (OPT) …

Can we retain the priority date from employer A to B just with the I-140 approval receipt number?

Regarding Advance Parole, is it true that one cannot get this if one wants to visit family and friends or go on vacation?

I’m a 21-year-old U.S. citizen. Can I sponsor my parents to become permanent residents? They entered the U.S. without a visa and have lived here illegally for over twenty years.

Can an online degree be used for filing an H1B under the master’s cap?

A new company has filed an H1B petition on my behalf, and I currently have unexpired H1B visa stamp from my previous employer. Do I need to get a new H1B visa stamp in order to enter the U.S.?

I have applied to extend my parents’ B-1/B-2 extension for another 6 months, and it is currently in processing. Can they continue to stay in U.S. legally until we hear back from the USCIS?

Is it possible to go back to my home country while my H1B petition is processing?

Can I have a gap between previous employment and new employment after the new employer has filed an H1B petition for me?

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