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13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

07:29 / AOS/CP (Family) / Consulates / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident / Travel
06 Jul 2023

I am currently working in H1B status. A few years ago, my U.S. citizen brother sponsored me for a green card. Since I am in the U.S., will that help my case move any faster?

Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...

16:02 / Family Based / FAQs / For Individuals / Resident / Worker
28 Jun 2023

I was just laid off from my H1B position. I hope to find a new H1B employer before the end of my grace period. If I don’t, I will apply for a change of status to B-1/B-2. By what date do I need to file the I-539? Do I need to get the receipt notice before the end of my grace period?

Answer As long as the I-539 application to change status is filed before the end of your grace period, you generally will remain in a period of authorized stay while the application is pending. There is no requirement that you obtain the receipt notice before the...

20:18 / FAQs / For Individuals / Visitor / Worker
28 Jun 2023

I have an approved I-140 through Employer A for a Java Developer position. After leaving that company, I eventually was promoted into management by Employer B. Earlier this year, my I-140 through Employer B was approved for a managerial role. Last week, I was laid off by Employer B. If my priority date becomes current in October, and the job with Employer A is still available, could I file an I-485 based on the old I-140?

Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not...

20:12 / Employment Based / FAQs / For Employers / For Individuals / Resident
21 Jun 2023

Is there a minimum salary requirement to qualify as an L1B specialized knowledge employee?

Answer No, there are no set salary requirements for an L1B petition. However, the USCIS may take the salary into consideration when determining whether the beneficiary possesses specialized knowledge. (21.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

17:28 / FAQs / For Employers / For Individuals / USCIS News / Worker
21 Jun 2023

I applied for an H-4 extension and an H-4 EAD at the same time. My extension was approved, but my EAD is still pending. Is it okay if I travel outside the U.S., or should I stay here until the EAD is approved?

Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application.  (21.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY LAW FIRM. All Rights Reserved...

17:25 / FAQs / For Families / Nonimmigrant Family / Travel
21 Jun 2023

I work for a small company on H1B. The company likely will be acquired and merged into a much larger company in a few months. Will the larger entity need to file an H1B for me?

Answer In most circumstances, if the acquiring entity assumes all liabilities of the H1B petition and continues to maintain the public access file, no H1B petition / amendment is needed. An authorized official of the new entity should prepare a notarized statement expressly assuming all liabilities...

17:21 / FAQs / For Employers / For Individuals / Worker