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04 Aug 2022

If I get a U.S. master’s degree while in H-4 status, would that make me eligible for next year’s H1B master’s cap, or do I have to be in F-1 status to qualify?

Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...

07:31 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Student / Worker
28 Jul 2022

I am currently working in India. An unrelated company filed an H1B for me this year, which was selected in the lottery. My H1B petition was filed for consular processing and is still pending. My Indian employer wants to transfer me to the U.S. in L-1 status. If I apply for an L-1 now, will it impact my H1B?

Answer Filing an L-1 petition (or applying for an L-1 visa under a company's L-1 Blanket) should not impact the H1B petition. If the H1B petition is approved for consular notification (i.e., approved without an I-94), you would likely need to leave the U.S. and obtain...

08:06 / FAQs / For Individuals / Worker
28 Jul 2022

After my U.S. employer filed a PERM for me, I was transferred overseas on a temporary assignment. My PERM was recently approved. Can the I-140 be filed now, or do I have to be in the U.S. when the I-140 is filed?

Answer Typically, there is no need to be in the U.S. when an I-140 is filed. (27.Jul.2022)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 © 2022, MURTHY LAW FIRM....

08:04 / Employment Based / FAQs / For Employers / For Individuals / Resident
28 Jul 2022

In 2016, my I-140 from Company A was approved. In 2019, I transferred that priority date to an approved I-140 filed by Company B. I then requested the priority date again be transferred to an I-140 filled by Company C. That I-140 is still pending. I now wish to move to Company D. Will I lose my priority date from Company A’s I-140 if I leave before Company C’s I-140 is approved?

Answer No, this should not impact your ability to retain the priority date from Company A's approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be allowed...

08:01 / Employment Based / FAQs / For Individuals / Resident
20 Jul 2022

I am in L1B status and have been offered a promotion to a managerial position. My employer is filing an amendment to move me to L1A status. Can I start working in the L1A position based on the receipt, or do I have to wait for the petition to be approved?

Answer Typically, a person in L-1 status cannot move to a new position based on a pending amendment. (20.Jul.2022)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 © 2022, MURTHY...

20:51 / FAQs / For Employers / For Individuals / Worker
20 Jul 2022

I was in H-4 status based on my father’s H1B. I have been studying in university and, shortly before I turned 21, I filed an application to change to F-1 status. That application is still pending, and it appears I may graduate before my F-1 is approved. Can I transfer to a master’s program based on the pending F-1 change of status application?

Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to change...

20:45 / FAQs / For Families / For Individuals / Student
13 Jul 2022

I filed an application to extend my H-4 status shortly before my I-94 expired. However, the USCIS rejected the package because I forgot to include the filing fee check. The rejection noticed indicated that I am allowed to reapply. If I refile now, does that mean the new filing will be considered as having been filed on time?

Answer No, if the refiling is done after one's I-94 has expired, that application will not be considered to have been timely filed. When the USCIS rejects a package, they typically include a form notice that indicates the person may be eligible to reapply. However, this...

20:53 / FAQs / For Families / For Individuals / Nonimmigrant Family