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23 Sep 2021

My I-485 application is pending. I received a voicemail message from someone claiming to be a USCIS officer. Per the message, I was asked to get my I-693 medicals done and deliver them to the local USCIS office. Is this a legitimate call, or some type of scam?

Answer We cannot verify whether the specific call you received was legitimate, but we can confirm that we have recently received a number of legitimate calls like this from USCIS officers.To be clear, this is not how the USCIS normally operates. You should be skeptical of...

10:20 / Employment Based / FAQs / For Individuals / Resident / USCIS News / Worker
16 Sep 2021

My son will turn 21 in November. However, my family and I will be eligible to file our I-485s in October based on the dates for filing chart. Will this protect my son from aging out?

Answer Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out. Rather,...

07:05 / FAQs / For Families / For Individuals / Immigrant Family / Resident
16 Sep 2021

I have been working for Employer A on OPT, and my H1B was selected in the second lottery. The petition was approved with an October 1st start date. I am not getting along with my supervisor and would like to move a new employer. Can a company file an H1B change of employer for me on October 1st? Or, do I need to first wait for a few paystubs?

Answer With an approved change of status, the foreign national typically is considered to be counted against the cap on October 1st. Once a person has been counted against the H1B cap, a change of employer normally can be filed at any time. (16.Sep.2021)Sheela Murthy and...

07:01 / FAQs / For Employers / For Individuals / Worker
16 Sep 2021

My I-140 was approved more than 180 days ago, and I then moved to a new employer. The company that filed my I-140 will soon be acquired by a larger entity. Will this acquisition prevent me from extending H1B status beyond 6 years?

Answer Ordinarily, an acquisition of the company that filed the I-140 would not impact the beneficiary's ability to continue to extend H1B status based on that approved I-140. (16.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

06:59 / Employment Based / FAQs / For Individuals / Resident / Worker
09 Sep 2021

I am currently in the U.S. and have an approved I-140. I also recently was granted permanent residency in Canada. I would like to work for the U.S. company from Canada, so that I may apply for Canadian citizenship in a few years. Will moving to Canada for a few years impact my I-140?

Answer Generally speaking, leaving the U.S. would have no direct impact on one's approved I-140.  (09.Sep.2021)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 © 2021, MURTHY LAW FIRM. All...

11:24 / FAQs / For Individuals / Travel / Worker
09 Sep 2021

I am in H1B status and have an EAD based on my pending I-485. If my H1B extension is denied, can I start working based on my EAD, or would the denial of the H1B also result in my EAD being canceled?

Answer Generally speaking, an H1B denial would not impact the validity of an EAD issued based on a pending I-485 application.  (09.Sep.2021)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...

11:21 / FAQs / For Individuals / Worker