Faq - Murthy Law Firm | U.S Immigration Law

11 Jul 2014

I am in F-1 status pursuant to OPT. My employer filed an H1B petition on my behalf that was approved for the start date of October 1st. My wife is outside of the U.S. and will need to apply for a dependent H-4 visa to join me in the U.S. when my status changes to H1B. Can she apply for the H-4 visa now and join me on or after October 1st?

Answer If you do not leave the U.S. before October 1st, your spouse will only be able to apply for the H-4 visa when your status changes from F-1 to H1B. If you decide to travel before October 1st, you will need an H1B visa to...

09:28 / FAQs

07 Jul 2014

Once we port the priority date from company A to company B, the company A’s PERM application will be void automatically?

Answer Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140's PERM application. If company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...

11:34 / FAQs

07 Jul 2014

I have an approved I-140 as teacher. Can I shift to an engineering job (my true profession) using the same I-140 or do I need to go thru the PERM process again?

Answer The I-140 petition is specific to the job offer, as described on the underlying labor certification. The case, at this stage, is job specific and employer specific. In order to proceed with a green card case for a position as an engineer, it would be...

11:32 / FAQs

07 Jul 2014

I’ve graduated from Stratford University and currently I’m in OPT extension. I’m applying for H1B this year and I wanted your suggestion: should I apply through the master’s quota or regular quota?

Answer If an individual has a master's degree from an accredited, not-for-profit U.S. university, that information is included with the H1B petition, and the case can be filed against the advanced-degree (or "master's") cap. However, it is important to verify that the master's degree is from...

11:30 / FAQs

07 Jul 2014

I got my H1B stamping refused with 212(a)(1). Can I continue working from India? What are my options? The refusal was due to misunderstanding with a doctor in India submitting a negative report to the consulate.

Answer Your question, technically is not an immigration question. The USCIS only controls your ability to live and work in the U.S. If you are outside the U.S. then you do not fall under their authority. Your question is more of a tax and corporate policy...

11:27 / FAQs

30 Jun 2014

I am enrolled in a U.S. master’s program. If I transfer to different university after six months, would these six months count toward meeting the eligibility requirements for starting CPT?

Answer It is best to discuss these issues in detail with the DSO to make sure that everything is in order with CPT. But, if this is all the same course of study, then the change in university does not change the CPT eligibility. (30.Jun.2014)In frequent...

13:33 / FAQs

30 Jun 2014

I am currently on non-cap H1B. I am starting a new job on a new H1B through lottery on October 1st. Am I now required leave the country and the get the visa stamped to start working?

Answer No, it is not necessary to leave the U.S. and get "stamped" simply because one is changing from H1B cap-exempt to H1B cap-subject. As long as valid status has been maintained and the cap-subject H1B has an I-94, there should not be a need to...

13:30 / FAQs

30 Jun 2014

My PERM was filed on 23.Sep.2013 and has gone into audit. My H1B expires in Oct 2015. Can I change jobs during this time?

Answer It would be best to have a consultation to go over the details; but it potentially would be possible to change jobs. If there is proof of the PERM filing, the new employer could request the rest of the six years of H1B time, plus...

13:29 / FAQs

30 Jun 2014

Can two different employers sponsor me for PERM cases at the same time?

Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (30.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior...

13:27 / FAQs

23 Jun 2014

When I get my GC, can I apply for permanent residency for my parents who are retired and living in India?

Answer No. In order to sponsor a GC for one's parents, it is necessary to be a U.S. citizen. So, that means another five-year wait for most people after becoming LPRs. (23.Jun.2014)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

09:03 / FAQs

Murthy Law Firm

Once we port the priority date from company A to company B, the company A’s PERM application will be void automatically?

I have an approved I-140 as teacher. Can I shift to an engineering job (my true profession) using the same I-140 or do I need to go thru the PERM process again?

I’ve graduated from Stratford University and currently I’m in OPT extension. I’m applying for H1B this year and I wanted your suggestion: should I apply through the master’s quota or regular quota?

I got my H1B stamping refused with 212(a)(1). Can I continue working from India? What are my options? The refusal was due to misunderstanding with a doctor in India submitting a negative report to the consulate.

I am enrolled in a U.S. master’s program. If I transfer to different university after six months, would these six months count toward meeting the eligibility requirements for starting CPT?

I am currently on non-cap H1B. I am starting a new job on a new H1B through lottery on October 1st. Am I now required leave the country and the get the visa stamped to start working?

My PERM was filed on 23.Sep.2013 and has gone into audit. My H1B expires in Oct 2015. Can I change jobs during this time?

Can two different employers sponsor me for PERM cases at the same time?

When I get my GC, can I apply for permanent residency for my parents who are retired and living in India?

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