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02 Mar 2023

Does an employer need to use an attorney to file H1B registrations? If not, can an employer file the H1B registrations on their own, and then use an attorney to file H1B petitions for the registrations that are selected?

Answer An employer can file H1B registrations with or without an attorney. The registration process is fairly straightforward, so it is fairly common for employers to handle this part of the process on their own. And yes, an employer can use an attorney to file the...

10:20 / FAQs / For Employers / Worker
23 Feb 2023

I found a company willing to file an H1B registration for me in the lottery. However, the company only has one employee. Is that permitted?

Answer There is no set minimum number of employees a company must have in order to file an H1B registration or petition. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

07:58 / FAQs / For Employers / For Individuals / Worker
23 Feb 2023

I am in H1B status and have an offer to move to a new employer. My current employer will not give me a copy of my H1B approval notice. Is it possible to change to a new company without this notice?

Answer Ordinarily, in filing an H1B change of employer petition, there is no requirement to provide the USCIS with a copy of the current employer's H1B approval notice. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:55 / FAQs / For Employers / For Individuals / Worker
23 Feb 2023

While my father was visiting me on B-2, I sponsored him for a green card. Both the I-130 and I-485 are pending. Can he travel back to India and then return on his B-2, or does he need to first get an advance parole document?

Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

07:52 / Family Based / FAQs / For Families / Immigrant Family / Nonimmigrant Family / Resident / Travel / Visitor
16 Feb 2023

After completing my undergraduate degree in the U.S., instead of using OPT, I moved directly to a master’s program. When I complete this, can I use the OPT period from the bachelor’s plus the OPT period from the master’s program?

Answer No. If OPT is not used following the completion of one program, that OPT period cannot be added to OPT available through the completion of a subsequent program. (15.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08:27 / FAQs / For Individuals / Student
16 Feb 2023

I am in the U.S. on B-1/B-2. A few years ago, my sister, who is a U.S. citizen, sponsored me for an FB4 green card. My priority date will not be current for a number of years. Can I ask USCIS to expedite my case so that I can file an I-485 now and wait in the U.S. until the priority date becomes current?

Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...

08:24 / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

10:22 / Employment Based / FAQs / For Employers / For Individuals / Resident
09 Feb 2023

I am in H-4 status and my I-94 expires in 4 months. I am applying for an extension of status, but my passport expires later this year. Can the USCIS approve my extension beyond the passport validity date?

Answer Ordinarily, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But the USCIS typically can grant an extension of status beyond the expiration date of the passport.  (09.Feb.2023)Sheela...

10:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2023, MURTHY LAW FIRM. All...

10:07 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker