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  1. Yesterday
  2. This week, Murthy Law Firm attorneys will answer questions regarding the E-2 Investor Visa. Rules for Topic of the Week Threads: 1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section. 3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. 4. Please do not provide information which would identify any specific company, university or individual.
  3. In addition to the above link the following may be helpful: https://www.murthy.com/2019/04/03/i-am-in-h1b-status-and-am-in-the-process-of-applying-for-a-green-card-if-a-doctor-gives-me-a-prescription-for-medical-marijuana-will-that-impact-my-green-card-case/ To discuss the situation in more detail, it is advisable to speak to one of our attorneys experienced with these issues.
  4. The following link may help to answer your questions in this regard: https://www.murthy.com/2014/11/17/serious-immigration-consequences-for-marijuana-despite-state-law-changes/
  5. Hello, I came to india and attended the H1B visa interview 5 months back and got 221g with admin processing option ticked.Recently i got a mail from consulate stating that my H1B Petition is sent back to USCIS for review and possible revocation. My petition is valid from 01Oct 2018 to 30 Sep.2021. How long does USCIS takes to take a decision on my petition. Meanwhile can i do anything? What are my best possible options. Could you please help me on this?
  6. Hi I have the same problem as you. I was wondering how you fixed that problem? Thanks! 

    Saina

  7. newacct

    H4 for Canadian citizen wife

    She can either: 1) leave the US and re-enter with your H1b petition approval, I-94, and marriage certificate, to be admitted into H4 status, or 2) she can file I-539 for Change of Status to H4 status without leaving, which costs $455 and takes many months.
  8. Will the H1B cap apply if I previously had an H1B, returned to my home country, and then got a new job offer in the US? My situation: I previously worked on the H1B for under 6 years (4 yrs 2012-Oct to 2016 Dec) and have been out of the US for more than two years(Since Nov 2016) As per link below : A person in this situation has two options. She can file a cap-exempt petition at any time. If she chooses this option, however, she will only be eligible to receive the remainder of the time left over from the initial period. The second option is to subject herself to the cap, which has the advantage of making her eligible for a fresh six year period. Original link: This blog post is old and I don't know if this is still valid, I want to migrate back to USA soon. I had moved here for family reasons. I have a very good experience in Data analytics and Data science and would like to go back. Here are the challenges I am seing: 1. I have been running my own Business Coaching biz for the last 2 years and lost in touch with IT. It's been fruitful but not as good as IT income. In my biz I make Rs.50k+ / mo (will immigration officers deny my petition based on this)? 2. I have been out of USA for 2 years and my petition is revoked on request by my employer in California. Do I still qualify for new h1b without cap via a new employer? 3. Do I need to secure a very high profile employer( Google,FB, etc ) job to easily get approved for H1b? Or any smaller US company is fine ? 4. How long does this entire process take? 5. Do I need to have an IT job to get my chances high to get approved for a H1 B VISA once the petition is approved? What do you recommend?
  9. coolrockers2007

    B2 Visa for parents in Admin Processing

    Parents visited Hyderabad Consulate to get their B2 Visa, this is second attempt. first was rejection. They attended interview on 12th April, 2019 and were Approved visa by Visa Officer. CEAC status show Administrative Processing since the day of interview. Anyone else on the same boat? It's been more than 7 business days. I am starting to get worried. How long does it usually take to get Visitor visa after being approved in interview?
  10. SPV

    H1b Validity

    Hi, Did you spend 6 year period in USA? if not I think you can use your period at any time. It's not about counting years from 2012 to till date instead how many years you spent in USA on H1B VISA. In summary, yes you may apply for renewal. Note: Please note that this is not a legal advise but just my opinion.
  11. Hi I am currently on H1B visa. Planning to change to H4 as my current employer did not find any project and i got approval for a month. My prvious h1B visa is valid till next month. My I797 approval date is till May 23 2019 but I94 date is May 31 2019. Which date i should consider to stay here. Can i stay till I94 or app date. Please confirm. I am going to apply for H4 from India based on my husbands I797 approval copy from current employer. Also going to apply for EAD using his I140 from his previous employer. PERM, I140 process not yet started from his current employer. Wil there will be a impact on my H4 or H4 EAD if there is any issue in my spouse's new perm or I140 processing from his new employer.(if his perm/I140 gets RFE or rejection). Thanks for reading my queries. Please advise.TIA.
  12. Hi, I don't know I got your question but why to save one or two months from 6 years period ? Once your I-140 is approved then you are eligible to apply CAP excempt H1B and you may get upto 3 years extension. If you really want to save then you may need to out of country and get stamping on H4 and come back. Because as you said COS may take several months. Please note that this is not a legal advise but my just opinion.
  13. Hi, If you have plan to go India then you can obtain H4 visa through VISA stamping. It will be less time consuming than applying COS here. Once you return then you may apply H4EAD. Note: Please note that this is not a legal advise but just my opinion.
  14. She lost her GC. If you are a US citizen you can file an I-130 for her, and when approved she can get an Immigrant visa.
  15. itsonlyaki

    H1B Stamping in Calgary, Canada

    Hi, i'm planning to go to canada for my first stamping too. But my company's immigration department told me that I might be asked to go my home country (from canada) as this is my first time getting an h1b stamped. could you please share your experience and also what questions or documents did they ask for? Thanks
  16. Hello Everyone, I have a Shoplifting case which was proven not guilty. My record was expunged. I went to India last year for my first H1B stamping. I didn't mentioned my arrest record on DS-Form(that's the mistake i realized later on) Visa officer asked me about the details and i said what had actually happened but got a 221g administrative processing since i didn't mentioned it on my DS-Form. Recently i got approved with my H1b extension and am planning for India to get married. So, i have a few questions in my mind 1) For my Visa Extension Stamping, i have to attend Interview in India. This time i will mention my arrest details on DS-Form. Do i get 221g administrative processing every time i attend the Interview? 2) will my record affect my fiancee visa(dependent)? 3) If she comes alone back to United States does visa officers question her about it?
  17. Hello, I am taking appointment and below are open points and please confirms. I have two I129s with same employer. One is expired and another latest on say "Valid from 1/Jan/2019 to 31/Dec/2019 Petitioner's Name - Company name which is on the I129 Start Date: 1/Jan/2019 Receipt Number: As on the latest I129 Expiration Date: 31/Jan/2019 Do you have a previous H-1B visa (temporary occupation, temporary worker or trainee)? - I have stamped previously So I mentioned 'Yes' Was your prior H1B visa (temporary occupation, temporary worker or trainee) annotated “Clearance Received” or “Department Authorization”? - CAn someone please explain this more. Dont know weather to select Yes or No Was your most recent visa (in the same class for which you are applying) lost or stolen or cancelled? - No because not lost or stolen or cancelled. Have you ever been refused a H-1B (temporary occupation, temporary worker or trainee) visa before? - No . I got my first and latest H1B stamped in 2015. This will be second time I am applying Is your previous H-1B visa (temporary occupation, temporary worker or trainee) still valid? - No. Because it was expired in 2016 Did your previous H-1B visa (temporary occupation, temporary worker or trainee) expire within the last 12 months? - No because it already expired in 2016 Please suggest me if I can good to go and submit my application or any answers needs to be changed.. Thank you in advance
  18. Sandy16

    H1-B EXTENSION

    Hi, My scenario: I am on stem OPT, in march my LCA is approved for state - A with client-X and H1-B application is pending. Mean while in September I got new job opportunity in state- B with client -Y and started working at Client -Y at state B. While I am working at client-Y my H1-B is approved. My employer did not filed for amendment and now its time for filing H1-B extension. I am filing for H1-B extension and amendment with client Y at state -B. My question: After filing extension, if USCIS contacts HR or manager at my current client-Y for verification my information from when I am working at client -B and HR respond to them that I am working since September. If I have RFE, how can you work at client-Y since September when your H1-B application is approved with client - X at state -A In this scenario how I can file H1-B extension to get approved ? It would be helpful to know if anyone of you faced such situation. Really appreciate for your help. Thank You, Sandy
  19. Sandy16

    H1-B EXTENSION & AMENDMENT

    Hi, My scenario: I am on stem OPT, in march my LCA is approved for state - A with client-X and H1-B application is pending. Mean while in September I got new job opportunity in state- B with client -Y and started working at Client -Y at state B. While I am working at client-Y my H1-B is approved. My employer did not filed for amendment and now its time for filing H1-B extension. I am filing for H1-B extension and amendment with client Y at state -B. My question: After filing extension, if USCIS contacts HR or manager at my current client-Y for verification my information from when I am working at client -B and HR respond to them that I am working since September. If I have RFE, how can you work at client-Y since September when your H1-B application is approved with client - X at state -A In this scenario how I can file H1-B extension to get approved ? It would be helpful to know if anyone of you faced such situation. Really appreciate for your help. Thank You, Sandy
  20. Hello Everyone, I have submitted H1B and H4 Applications via dropbox at Hyderabad consulate. Below are the procedure and processing timelines. List of documents submitted at Hyderabad VFS for dropbox are: H1B: 1. photo copy of current H1B. 2. Photo copy of previous H1B. 3. Two passport size photo. 4. Original passport( i have old and new passport but they took only New passport). 5. Dropbox confirmation letter. H4: 1. Original Passport. 2. Photo copy of H4 extension. 3. Two passport size photograph. Note: Even though they take it or not please make sure you carry all the photo copies related to 797. They not take any other documents like (Client letter, LCA or I129 petition etc) Below are the processing time lines. 15th April 2019(Monday)-> Submitted documents at VFS Hyderabad at 1pm. 16th April 2019(Tuesday) -> Status Changed from ‘No Status’ to ‘Application Received’ for both H1 and H4 around 12pm. 17th April 2019(Wednesday) -> Status remained as ‘Application Received’. 18th April 2019(Thursday) -> Status updated to ‘Administrative Processing’ for both H1 and H4 around 1pm. 19th April 2019(Friday) -> Status remained as ‘Administrative Processing’(Consulate is closed because of Good Friday). 20th April 2019(Saturday) -> Status remained as ‘Administrative Processing’(Consulate is closed because of Saturday). 21st April 2019(Sunday) -> Status remained as ‘Administrative Processing’(Consulate is closed because of Sunday). 22nd April 2019(Monday) -> Status changed to ‘Issued’ for both H1 and H4 around 1pm. 23rd April 2019(Tuesday) -> Collected both passports from VFS Hyderabad at 1.30pm. No call from VFS/Consulate for Interview or Finger prints. No additional documents requested. I hope this information helps.
  21. I had applied for Naturalization for my father .I did also fill a form N 648 form from his Doctor.He has been called for interview . With his present state I am not sure if he would be able go alone for a interview.Could anybody suggest what could be done ..
  22. Last week
  23. Hello Everyone, I have a Shoplifting case which was proven not guilty. My record was expunged. I went to India last year for my first H1B stamping. I didn't mentioned my arrest record on DS-Form(that's the mistake i realized later on) Visa officer asked me about the details and i said what had actually happened but got a 221g administrative processing since i didn't mentioned it on my DS-Form. Recently i got approved with my H1b extension and am planning for India to get married. So, i have a few questions in my mind 1) For my Visa Extension Stamping, i have to attend Interview in India. This time i will mention my arrest details on DS-Form. Do i get 221g administrative processing every time i attend the Interview? 2) will my record affect my fiancee visa(dependent)? 3) If she comes alone back to United States does visa officers question her about it?
  24. Guys pls make sure you fill the information right on DS- Form. Dnt misrepresent there or else you will screwed in the interview. Visa officers know all your history. Most likely they may give you a 221g for administrative processing and you will get visa. Think positive
  25. Hi Everyone,Thank you for reading my questions in advance. I am a permanent resident in the U.S. and I petitioned for my wife by filing I-130 while she was a graduate student and legally present in the U.S. . While I-130 was still pending we filed for I-485 based on our priority date and the fact that she was working in the U.S. with her OPT. Recently we had the interview and found that our I-130 was approved while I-485 was denied with the argument that at the time of our application I-130 was not yet approved. We also received a notification that her EAD card that was given for the I-485 application will be revoked unless we can provide proof that her I-485 is still pending. However, nowhere in the USCIS website it is mentioned that you need the I-130 approved for being able to apply for I-485 change of status. I am also 100% certain we filled out and filed her adjustment of status after her priority date became eligible. Therefore we believe (and my attorney as well) that USCIS erroneously denied her I-485 application. My questions are:- In this case would applying for a motion to reconsider make her I-485 still pending or would she lose that EAD card no matter what? -Since her OPT is ending within a month we are worried that she will be out of status until a new EAD card is sent if we file for a new I-485. What would be the best strategy so that she can still remain and work in the U.S. without breaking any laws? -What would happen if we file a new I-485 and she continues to work in the U.S. considering that they made an error while denying I-485?-Lastly where in USCIS website does it say that you need to have I-130 approved for applying to I-485? (I just want to make sure that we have not done a mistake in this matter)Thank you again!
  26. Hi, My spouse I-140 approved recently so I applied for H4-EAD(its been 40days) and it is pending(got receipt number). However my spouse H1(and my H4 too) will be expired on 30 AUG 2019. My spouse employer planning to apply H1/H4 extension by this month end. Looks like it takes several months to get decision on H4 EAD so I don't think I will get an approval by this month end. Now: 1. Do I need reapply H4-EAD along with H1/H4 extension? If so what happens to current H4EAD application? 2. Any suggestions on this situation? Your response will be much appreciated. Thank you!.
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