Answer There is a legacy INS memo that says it is ok to return to the dormant petition (prior company) in situations such as this one. However, that is not always the safest/best practice, as it creates a rather confusing history, among other issues. It is...
AnswerYes, an FB2A case would have no impact on your spouse's existing H1B status. There is no conflict between the H1B and the I-130 because 'immigrant intent' is not an issue for H1B workers.But, the H1B status cannot extended beyond the six-year limit based upon...
Answer Yes, but the connecting travel should be consistent with your stated purpose for coming to the U.S. If the purpose is to work in California, then there should be a connecting flight (or other travel plans) to get from NY to California. (15.Dec.2014)In frequent sessions...
Answer The time abroad does not have to be continuous, as long as the trips to the U.S. meet the regulatory requirement of being "brief trips for business or pleasure." The time in the U.S. doesn't count toward the 365 days, but - if the requirements...
Answer The work authorization is based upon the approval. But, the employer must comply with the I-9 requirements for proof of work authorization. There is some brief allowance for these situations to avoid having to terminate the employee. Check the I-9 information on the USCIS website...
Answer There is no need to get an F-1 visa stamp if one is not traveling abroad. The USCIS does not care about whether the person has a visa stamp or not. The USCIS reviews whether or not the person is in a valid status in...
Answer There is not a specific restriction on initiating the GC process. However, it is always best to start far enough in advance to qualify for extensions of the H1B beyond the standard 6-year max. Thus, in order to safely meet the 365-day rule, in this...
... I just learned that my father is ill and I would like to leave the U.S. and visit him for a couple of weeks. May I start my CPT employment one or two weeks late? Answer Unlike with regard to OPT, there is no unemployment limit...
Answer Everyone will find out about any changes in the visa bulletin systems and other matters related to the executive actions as soon as we do! We will provide updates on MurthyDotCom as announcements are made and regulations are published. To stay informed about the immigration...
Answer If the I-140 has been approved, the priority date can be retained in a later-filed GC case. But, in order to upgrade from EB3 to EB2, it would be necessary to refile the PERM with a position that has EB2 level requirements. If the current...
