Faq - Murthy Law Firm | U.S Immigration Law

20 Feb 2015

If my cap case is selected in the lottery, when will my wife need to file a change of status from F-2 to H-4? What if her F-2 application to change status is not approved until after my employer files my H1B cap case?

Answer If your wife has already applied (even if not yet approved) for F-2 by the time your employer makes the H1B cap case filing, you can include your wife's application to change status from F-2 to H-4 with the H1B petition. However, the requested start...

08:15 / FAQs

20 Feb 2015

I have been working on OPT that will expire in May. My employer will be filing my H1B petition in the first week of April for the start date of October 1st. …

... If the petition is accepted for processing, I will continue to work on OPT in F-1 status due to the cap gap. My wife, who is also a student in F-1 status, will graduate this May. After graduation, she wants to change her status...

08:15 / FAQs

16 Feb 2015

My first PERM was denied. Would reapplying with the same employer, but for a different position, result in a guaranteed audit?

Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but, keep in mind that many PERM cases are audited. In fact, the DOL audits approximately 30-40% of all PERM cases. So, if everything else...

14:22 / FAQs

16 Feb 2015

I am currently on F-1. If the H-4 EAD rules are implemented, how long would it take to convert from F-1 to H-4?

Answer The H-4 EAD provisions are expected fairly soon. The COS would likely take several months, unless paired with an H1B filing for premium processing. It is also possible to avoid that wait by applying for an H-4 visa at a U.S. consulate abroad without filing...

14:20 / FAQs

16 Feb 2015

Do you need any post-doc experience if applying under the EB1 category?

Answer If applying under EB1(a), Extraordinary Ability or EB1(b), Outstanding Professor / Researcher, the standards are high and it is going to be necessary to have extensive, documented achievements in the field. A person who just received a PhD would be unlikely to meet these standards...

14:18 / FAQs

16 Feb 2015

I am in H1B status, but plan to apply for an H-4 visa. Will my H1B get cancelled when I go for H-4 stamping?

Answer The H1B petition is not impacted by the H-4 visa (i.e. 'stamp'), and a person may have both an H1B and an H-4 visa in his/her passport. However, one can only hold a single status at a time. If the employment with the H1B employer...

14:17 / FAQs

13 Feb 2015

I applied for my first OPT authorization almost one year ago. First, the USCIS denied my OPT application by mistake, and I filed a motion to reopen. USCIS reopened my case …

... and issued a request for evidence, to which I replied. The USCIS still did not issue a decision and it is currently pending. Because of the extensive delay, even if I received my OPT authorization now, I would not be able to use it...

15:49 / FAQs

09 Feb 2015

Do I need to file a petition to request a COS from H-4 to F-1?

Answer Changing status from H-4 to F-1 from within the U.S. requires the filing of an I-539 application. The individual files this form, not the school, but it must be supported by proper documentation, including the I-20 from the school. (09.Feb.2015)In frequent sessions of our Chat,...

14:43 / FAQs

09 Feb 2015

Is it ok to file an EB1(b) case after already receiving an approved EB2 I-140?

Answer If a person qualifies for EB1(b), he could move forward with that case, even though he already has an approved I-140 in the EB2 category. It is possible to qualify for more than one type of GC case, and it isn't necessarily inconsistent at all...

14:33 / FAQs

09 Feb 2015

Can I move to a different H1B employer after extending status beyond 6 years based on a pending PERM application?

AnswerYes, the time beyond the six years based on the pending PERM is given to any H1B filing - not just those filed by the employer who filed the PERM. But, there are some risks here to consider that would best be discussed in a...

14:32 / FAQs

Murthy Law Firm

If my cap case is selected in the lottery, when will my wife need to file a change of status from F-2 to H-4? What if her F-2 application to change status is not approved until after my employer files my H1B cap case?

I have been working on OPT that will expire in May. My employer will be filing my H1B petition in the first week of April for the start date of October 1st. …

My first PERM was denied. Would reapplying with the same employer, but for a different position, result in a guaranteed audit?

I am currently on F-1. If the H-4 EAD rules are implemented, how long would it take to convert from F-1 to H-4?

Do you need any post-doc experience if applying under the EB1 category?

I am in H1B status, but plan to apply for an H-4 visa. Will my H1B get cancelled when I go for H-4 stamping?

I applied for my first OPT authorization almost one year ago. First, the USCIS denied my OPT application by mistake, and I filed a motion to reopen. USCIS reopened my case …

Do I need to file a petition to request a COS from H-4 to F-1?

Is it ok to file an EB1(b) case after already receiving an approved EB2 I-140?

Can I move to a different H1B employer after extending status beyond 6 years based on a pending PERM application?

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