Chat : July 20, 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 will 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 User : We have green card status for 5 years. For citizenship, I am filling Form N-400 for myself. What should I do for my 16 year old son?

Attorney Murthy : A permanent resident child, under age 18, residing in the U.S. with his/her parents will automatically become a U.S. citizen when either parent obtains U.S. citizenship. This is based on the Child Citizenship Act of 2001. He can file and obtain the U.S. passport at the same time that you file for your PP after the naturalization process. It is also a good idea to file the N-600 to acquire a certificate of citizenship from the USCIS as additional proof of citizenship status.

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Chat User : I have transferred my H-1 twice already (so am now working at a 3rd company) and want to know if that reflects badly on me when going to get my H-1 stamped?

Attorney Murthy : Generally, this factor alone does not result in H1B visa stamp denials at the consulate. The focus is on the employer and the employee's credentials. The individual's job history is important with respect to whether legal status was maintained in the past. If there are concerns about visa application issues, it may be helpful to contact Murthy Immigration Services, Pvt. Ltd, Chennai for assistance. 

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Chat User : My wife and son are coming back to USA on H-4 visas just three weeks remaining to expiration date. Do you see any complication at port of entry?

Attorney Murthy : There could be questions regarding how they will maintain status in the future. We have had clients enter with only a few days remaining in the H-1/H-4. However, our clients were prepared to explain and document how they would extend their statuses, if permitted to enter. Also, to avoid falling out of status, they should be ready to file their H-4 extensions of status ASAP. This filing could be prepared in advance, so that it can be finalized / filed once they return to the U.S.

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Chat User : I see that EB3 dates are unavailable for employment category right now. Will the dates go current in October 2009 and my labor priority date is November 2006.

Attorney Murthy : Most likely that will not occur. Please review the many detailed articles on MurthyDotCom on the topic of priority dates and the DOS Visa Bulletin. Future articles on this important topic can be sent to anyone who subscribes to our FREE MurthyBulletin. Our past articles contain the latest U.S. Department of State updates on the projections for the movement of PDs for you to get an idea. It could take 10 years or even longer for a person from India with a fairly recent PD to become current in EB3, if there are not any changes in the law.

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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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