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12 Jun 2024

I am a Mexican citizen working as a mechanical engineer on a TN visa. My current job is coming to an end next month, but I received an offer for another mechanical engineer position. Do I have to go back to a consular post in Mexico to apply?

Answer No. In order to apply for a change in employer as a TN worker, the employer may file a petition with the USCIS, or, if the TN visa in your passport is still valid, it typically is possible to apply in person at a U.S....

15:59 / FAQs / For Employers / For Individuals / Worker
12 Jun 2024

I am in H1B status, and my wife had been in H-4 status. We recently discovered that, when she last entered the U.S., her I-94 was shorted based on her passport expiration date, so actually has been out of status for the past several months. We are working to resolve her issues. In the meantime, though, will her status violation impact my H1B extension of future green card case?

Answer No. A status violation by one spouse normally will not have a direct impact on the other spouse's H1B or green card case. (12.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

15:55 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

12:37 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

12:32 / Employment Based / FAQs / For Employers / For Individuals / Resident
29 May 2024

I got married to a green card holder last year, and he sponsored me for a green card. The petition is still pending, but our marriage has been a very poor match, and we have already separated. When he withdraws the petition, will this prevent me from applying for a visa or green card in the future?

Answer Generally speaking, having an I-130 petition filed and then withdrawn would not prevent a person from applying for a visa or green card in the future. This information would have to be disclosed, as appropriate, however, such as on the DS-160, where it asks if...

13:16 / FAQs / For Families / For Individuals / Resident
29 May 2024

I am Indian born and my EB2 case has a 2017 priority date. My daughter will turn 21 later this year, so I know she will age out before my case becomes current. If I make an EB5 investment, can I use that to get a green card for the entire family, or will she still age out? I see EB5 India is backlogged on the visa bulletin in one place, but not in other places, so I am not clear whether I have missed my chance to file.

Answer The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure.If you invest in any of the Set Asides, the category...

13:13 / EB5 Investor / FAQs / For Families / For Individuals / Investor / Resident
29 May 2024

My employer is filing my H1B for consular processing. I am Indian, but I am currently working in the EU. Can I apply for my visa in Europe, or do I have to apply at a consulate in India?

Answer In many cases, is not necessary to go to one's home country to apply for a visa. But, before applying at a consular post as a third country national (TCN), one should look to see if the post has any restrictions regarding TCN applicants. The...

13:11 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
22 May 2024

I am working based on an H-4 EAD, which is valid until next year. My husband may be laid off next month. If that happens, am I allowed to keep working during our grace period?

Answer Yes, ordinarily, the H-4 spouse may continue to work based on the EAD during the grace period.  (22.May.2024)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 © 2024, MURTHY...

10:33 / FAQs / For Employers / For Families / For Individuals / Worker
22 May 2024

I raised some significant investment funds from a U.S. investor for my start-up business, and I now wish to apply for parole as an international entrepreneur, but the USCIS does not post anything about processing times on its website. Do you have any information on how long the process takes?

Answer Yes, the Murthy Law Firm has successfully filed a number of these applications. The first case we filed took more than two years to be approved. But, since then, processing times appear to have improved significantly. The last few cases we filed were all approved...

10:29 / FAQs / For Individuals / Worker