Faq - Murthy Law Firm | U.S Immigration Law

14 Apr 2014

I am currently working with a large IT firm. I have EAD (EB3) and H1B. My question is: Can I use AC21 and work with my friend who has a consulting company, but there is no guaranteed income (in case there is no project). Is an offer letter from his company enough?

Answer AC21 requires an offer of permanent employment in a similar occupation. This includes a guaranteed minimum salary. It is possible to use AC21 to move to a consulting company, but only if the company is making a permanent offer in a similar occupation. The USCIS...

22:40 / FAQs

14 Apr 2014

Is there any possibility for further movement in green card priority dates? How does the USCIS predict the date? Why do the dates move front and back? Is there any hope of staying in U.S.?

Answer The movement of the priority dates is set by the U.S. Department of State's (DOS) Visa Control Office based on the total available visa numbers and the demand (which is determine by the number of cases the DOS receives that are eligible for final adjudication.)...

22:36 / FAQs

14 Apr 2014

When porting from EB3 to EB2, can the experience letters previously submitted (for EB3) be expanded to add additional duties?

Answer If the previous employer is willing to provide a new, currently dated letter with expanded job duties that accurately reflect the work performed in that past position, it should be permissible to submit that new letter as part of a new case. (14.Apr.2014)In frequent sessions...

22:32 / FAQs

14 Apr 2014

If my H1B extension is denied after my I-94 expires, will I have 30-60 days to leave the country or change my status to H-4/F-1?

Answer There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. In that case, the individual typically begins to accrue unlawful presence from the date of the denial. Depending on the reason for the extension denial, it...

22:31 / FAQs

07 Apr 2014

What are my options if my H-1 petition is not selected? Currently I am on F-1 visa (OPT valid till October 2014).

Answer If there is eligibility for a STEM extension for another 17 months, that would be a good option. Otherwise, it would be necessary to see what options might be available through one's spouse, if married, or it may be necessary to return to school. And,...

22:38 / FAQs

07 Apr 2014

When can a startup file for green cards?

Answer A startup can file green card cases as soon as the company has sufficient income or, in some cases, investments, to establish its ability to pay the offered wage. It is about the company being in a position to offer the job. There is no...

22:34 / FAQs

07 Apr 2014

How to decide whether to join new employer on EAD or H-1 transfer?

Answer This is a good topic for a consultation with one of the Murthy attorneys. We discuss this with people all the time. It is a matter, primarily, of risks. There are some situations in which a person must keep the H1, if their family members...

22:28 / FAQs

07 Apr 2014

What happens to H-4 if it is not applied along with H-1 at the time of transfer to a new company?

Answer H-4s are NOT company-specific. H-4s are specific to the H-1 spouse / parent. Thus, if the H1B spouse / parent changes companies, it isn't always necessary to also file the H-4 extension of status. If the H-4 is not expiring any time soon, or if...

22:24 / FAQs

04 Apr 2014

I recently graduated from a U.S. college with a bachelor’s degree. I am now working pursuant to OPT. I am interested in taking some online graduate level courses offered by another university. …

... I am planning to enroll in one or two such classes without a specific academic objective. These classes will simply help me to have a better knowledge in my area of employment. Answer Unfortunately, there is no clear policy guidance on whether an F-1 student who...

15:29 / FAQs

31 Mar 2014

If the priority date of old PERM becomes current during the process of getting I-140 from new employer based on new job, will I able to file I-485 based on old I-140?

Attorney In order to file the I-485, there must be a valid job offer from the employer / sponsor. Thus, in order to file the I-485 based upon the former employer's PERM/I-140, the former employer must still be willing to offer the position, and the applicant...

22:00 / FAQs

Murthy Law Firm

I am currently working with a large IT firm. I have EAD (EB3) and H1B. My question is: Can I use AC21 and work with my friend who has a consulting company, but there is no guaranteed income (in case there is no project). Is an offer letter from his company enough?

Is there any possibility for further movement in green card priority dates? How does the USCIS predict the date? Why do the dates move front and back? Is there any hope of staying in U.S.?

When porting from EB3 to EB2, can the experience letters previously submitted (for EB3) be expanded to add additional duties?

If my H1B extension is denied after my I-94 expires, will I have 30-60 days to leave the country or change my status to H-4/F-1?

What are my options if my H-1 petition is not selected? Currently I am on F-1 visa (OPT valid till October 2014).

When can a startup file for green cards?

How to decide whether to join new employer on EAD or H-1 transfer?

What happens to H-4 if it is not applied along with H-1 at the time of transfer to a new company?

I recently graduated from a U.S. college with a bachelor’s degree. I am now working pursuant to OPT. I am interested in taking some online graduate level courses offered by another university. …

If the priority date of old PERM becomes current during the process of getting I-140 from new employer based on new job, will I able to file I-485 based on old I-140?

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