Chat : May 18, 2009

Laws are constantly changing. While accurate at the time of publication, this item is retained for archival and historic purposes and should not be presumed to be up-to-date indefinitely.

Responses vary with the nuances of each question and because immigration law is constantly changing. The subtle differences in questions may call for very different legal responses and strategies. You are advised to treat these materials as general information, not to be applied to a specific circumstance without consulting with your attorney.

It is illegal to copy this material for distribution or posting.

We at MurthyDotCom have conducted chat sessions and provided individuals with answers since the year 2000. For your convenience, rather than repeat many of the basic questions and answers in the weekly transcripts, we now select the most relevant and timely Q/As from each session. Search the chat database for information not included here.

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Chat Master : The information provided during the Chat session is of a general nature and MAY NOT apply to any specific or particular circumstance. It is NOT to be construed as Legal Advice and does NOT establish an attorney-client relationship.

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Attorney Murthy : We welcome your questions and look forward to helping you with general information for your immigration related issues in our MurthyChat. Thank you for using our services at the Murthy Law Firm.

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Chat User : After getting transferred from H-4 to H-1, do I need to go out of the country to get my H1B stamped to start working in H1B status?

Attorney Murthy : That depends entirely on the language in the H1B petition approval. If it says that one is approved for a change of status by the USCIS, and it attaches the I-94 card (tear-off portion) to the bottom of the H1B approval notice, the person is allowed to stay and work legally in the United States. The work may begin on the starting validity date listed on the approval notice. If, however, the petition approval clearly mentions that one is not allowed or authorized to work in the United States based on the approval, s/he is required to travel abroad, apply for the H1B visa stamp, and then reenter the U.S. and obtain valid H1B status with a new I-94 card issued at the POE or border.

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Chat User : I-140 approved with "Company A" and completing 6 years in H1B soon. What are the chances of getting 3 years H1B extension with "Company B," based on existing approved I-140?

Attorney Murthy : That is certainly possible and we at the Murthy Law Firm have filed and obtained many 3-year H1B extensions in such cases. But future extensions of H1B after the 3 years may be a problem if the I-140 employer revokes the I-140 petition after you quit your employment with them. It is important to start the green card process again, if there is a plan to remain in the U.S. beyond the three years of status approval through the H1B petition.

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Chat User : I have my green card and will be eligible to apply for naturalization in a couple of months. My fiancé is on H1B. Should I apply for my citizenship before or after marriage, so that he can get his green card?

Attorney Murthy : The application for naturalization should be filed as early as legally possible, and does not have to be coordinated with the marriage. By law, the U.S. citizen spouse can sponsor the H1B spouse as an immediate relative, whether or not the marriage occurred before or after the naturalization. Getting married earlier may be beneficial to establishing that the marriage is bona fide. Additionally, if the marriage has been less than two years in duration at the time the green card is approved, then the 2-year conditional GC will be issued. Review the articles on MurthyDotCom on this matter, since it appears that you need to understand a lot of basics to ensure that you can help your spouse smoothly - and yourself too!

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Chat User : I am working in EAD (L-2 visa) and my spouse is working in L-1 visa. My spouse is returning to our home country for three months for personal reasons. Can I (L-2 visa holder) stay here and work for those three months?

Attorney Murthy : Generally, the L-2 dependent spouse is not supposed to remain in the U.S. for lengthy periods in the absence of the L-1 principal's departure from the United States. Dependant spouses may not be “parked” in the U.S. If the L-1 spouse is no longer working for the L-1 employer, there is no claim to the L-2 status. If the L-1 spouse is traveling on business for the L-1 employer, then, depending upon the exact facts, it may be permissible for the L-2 spouse to stay in the U.S. Otherwise, there is a risk of the L-2 spouse being considered out of status if the USCIS finds that the L-1 spouse has left the U.S. There is a legal opinion by the USCIS that specifically prohibits long absences from the U.S. of the L-1 principal holder where the L-2 dependent/s remain in the U.S.

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Laws are constantly changing. While accurate at the time of publication, this item is retained for archival and historic purposes and should not be presumed to be up-to-date indefinitely.

Responses vary with the nuances of each question and because immigration law is constantly changing. The subtle differences in questions may call for very different legal responses and strategies. You are advised to treat these materials as general information, not to be applied to a specific circumstance without consulting with your attorney.

It is illegal to copy this material for distribution or posting.

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