Chat : June 15, 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.

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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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Chat User : Dear Ms. Murthy, thanks for taking my question this evening. I have applied for my 10th-year H1B extension and am waiting. Are you seeing a lot of RFEs or denials of H1B extensions lately? If so, what are the reasons for denials? Thanks again.

Attorney Murthy : Many H1B extensions, particularly for consulting companies, are encountering difficulties. This is becoming common due to the perception that the consulting companies, particularly if they are H1B dependant, may be violating H1B laws and regulations. There are concerns about failure to pay the employee the prevailing wage while on bench and other violations. Consulting companies need to know exactly where the employee will work, and be able to provide proof of the contracts, end user letter, proper LCA etc. Other employers are not suffering as many denials or RFEs.

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Chat User : Can one use AC21 to port to self employment? Can that be a cause for denial of I-485?

Attorney Murthy : There is a Yates Memo that allows a person to port under AC21 AOS portability, even to a company or entity that one sets up and/or owns. It is necessary to have a genuine job offer of full-time employment. Normally, the best proof of this is pay stubs or a W-2, showing evidence of employment. It is also necessary that the new job meets the same or similar job classification requirement of AC21 portability.

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Chat User : I am working for a company in H1B. If my family members apply for the GC for me and after one year, can my employer also apply for a GC for me? Is it ok to apply for multiple GCs?

Attorney Murthy : A person on H1B/H-4 or L-1/ L-2 is able to maintain that nonimmigrant status even when there are multiple GC filings. So it is allowed for a family member to file and then the employer to also file at some point without adversely affecting the individual's status in the United States. There can be concerns when more than one application for adjustment of status (I-485), is filed for the same person. But, it is certainly possible to have more than one ongoing green card case in various stages.

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Chat User : Hi, I'm GC holder. I'm going to marry someone who is working in India .Based on my GC, how can my fiancé come and work here and how long does it take for my fiancé to get GC?

Attorney Murthy : The fiancé of a GC holder has no legal right to enter the U.S. through that relationship under current U.S. immigration law. After the parties are married, it takes about six to eight years for the spouse of the GC holder to obtain the GC! This is because of limits on the numbers of people who can immigrate each year in the various family categories. In the meanwhile, the spouse is likely to have difficulty entering the U.S. in a pure nonimmigrant status like the B-2 tourist or F-1 student status. However, the fiancé may potentially be able to enter in H1B or L-1 status, if applicable, since these enjoy dual intent. You need to figure out the foreign national fiancé's qualifications to obtain an H1B or L-1 sponsoring employer. This situation changes if and when the GC holder can become a U.S. citizen, since the processing only takes a few months - not several years.

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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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