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About MurthyIndia_Lawyer

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    Lawyer, admitted to practice in India

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  1. MurthyIndia_Lawyer

    Travel Back to US with Renewed Green Card

    Hello! Unless someone is traveling and can handover the physical green card to your spouse, it may not be advisable to send the card through courier. However, it may still be possible for her to travel with an expired Green Card under certain circumstances. We would suggest that you check the USCIS official page for more information. If you need our assistance, you can reach us at info@murthyindia.com
  2. MurthyIndia_Lawyer

    evacuation flight question - my mom not well back in india

    Hi We are sorry to know about your mother’s health. https://www.indianembassyusa.gov.in/Publicind?id=61 You can find information about the flights and the registration process here. Submitting medical records would help.
  3. MurthyIndia_Lawyer

    IR1 spouse of US citizen administrative processing

    Hello! If the reason given is accurate, there seems to be an incorrect understanding of the law by the consular officer. You should have contacted an immigration attorney to sort this out. As you are aware, with the lockdown, the consular services are at a standstill except for emergency services. So, it is best to wait till the services resume and follow up. If professional help is needed, please feel free to reach one of our attorneys by emailing info@murthyindia.com.
  4. MurthyIndia_Lawyer

    H4 - questions on DS160

    Hi! It is okay to pick “Other Person” and provide details of your spouse as the person paying for the trip. In general, form I-134 is not needed for a H4 application. However, under the current administration, with importance being given for the public charge clause, it does not harm to carry the form I-134 with supporting documents and present the same if the necessity arises.
  5. MurthyIndia_Lawyer

    H4 Visa Denied

    Hello! Please note that in general, when an applicant travels out of the U.S. when an application for change of status is pending with the USCIS, it is deemed to be abandoned. Further, from your message it is clear that they are still outside of the U.S. So, it is normal for the extension to be denied. Assuming that your spouse and child filed the request for change of status in a timely manner and left the U.S. while this request was still pending, they should be able to return using the H4 visa on passport. If you wish to discuss this further, please feel free to reach out to our Attorneys by emailing them on info@murthyindia.com.
  6. MurthyIndia_Lawyer

    Stuck outside of USA because of Covid-19

    Hello! As you have noted, if a legal permanent resident (LPR) stays outside of the United States for a period greater than 180 days and less than a year, there is a rebuttable presumption that s/he has abandoned his/her status as legal permanent resident. Additionally, the continuous residence requirement for Naturalization may also be interrupted. This again is a rebuttable presumption and under the current circumstances, the break may be exempted. It is best to keep documentation to support the fact that one had intention of returning to the U.S. within a stipulated time while returning to the United States. Further, if you end up staying for more than one year and you do not have a “Re-Entry Permit”, then you may have to apply for status as “Returning Resident” under SB-1 to return to the U.S. If you need help on this, you may reach out to info@murthyindia.com
  7. Hi! From your message, it is not clear if you are referring to birth certificate from the U.S. or lack of birth certificate from India too. How did you claim your U.S. citizenship and passport without valid proof for your birth? In general, the non-availability certificate along with affidavit from two people who were old enough to testify the time, place and parentage at the time of your birth should help.
  8. Hi! In general, you would opt for consular processing. (1) With an immigrant petition pending, there could be additional scrutiny at the port of entry. If specifically questioned, it is important to be honest and transparent and clearly indicate that the immigrant option has a long wait and her intention on the current trip is just to visit the U.S. briefly. (2) Your sister's son will be decided as a derivative beneficiary on the petition filed on her behalf. If a specific question related to immigrant visa comes up at the student visa interview, this could make it difficult to overcome the presumption of immigrant intent pursuant to INA 214(b) of the Immigration and Nationality Act. Given the complexity of the issue, it is best to discuss all options with a qualified immigration attorney prior to initiating the form I-130.
  9. MurthyIndia_Lawyer

    Case Number 221g format

    Hi That is common number format. As long as you provided accurate information on the visa application form and at the interview, you should be fine. If you have anything of concern, please feel free to reach us on info@murthyindia.com to have the case reviewed.
  10. Hello! It is possible for you to have missed a question while scheduling the appointment. If you believe you are eligible for the dropbox and there is a system error, you may raise a ticket by logging into your profile on www.ustraveldocs.com/in. Should you need any help with the visa renewal process, you may reach us on info@murthyindia.com.
  11. MurthyIndia_Lawyer

    H1b 221g - clocks ticking?

    Hello! (1) Only time spent in the U.S. pursuant to H1B status will be counted towards the time spent in the U.S. It is important to understand that H1B visa and subsequently the I-94 at the time of entry would in general be issued in line with the validity of the H1B petition. (2) Not sure if your question is clear. But for Fiscal Year 2011, H1B petitions were accepted from April 1, 2010 and the cap was reached on January 26, 2011 (3) While adjudicating a H1B petition, the USCIS will have to follow the underlying regulations and policies. Petition cannot be denied arbitrarily. (4) As long as the work from home option is listed on the LCA / H1B petition, there should not be an issue.
  12. MurthyIndia_Lawyer

    Executive Order vs H1B Stamping in India

    Hello! We are sorry to know of your predicament. At this time, the executive order only restricts issuance of certain immigrant visas for a period of 60 days, starting April 24, 2020. There is a reference to the situation of non-immigrant visas being reviewed in 30 days from date of proclamation. We need to wait to see if that will have any impact. We truly believe this will not impact H1B workers who previously held H1B status. We will continue to post any updates on www.murthyindia.com.
  13. MurthyIndia_Lawyer

    Have valid I797B but no visa

    Hi! Technically, USCIS considers an H1B applicant counted against the H1B cap if s/he was granted a change of status to H1B, or if s/he was issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a new H1B petition filed as cap exempt. But if you are eligible for cap-exempt H1B petition, then you should generally be eligible for H1B visa based on approved I-129 petition filed by a different employer. It is always best to continue your employment abroad until your H1B visa is issued. We recommend that you consult with an immigration Attorney in the U.S. prior to making any decisions. If you need help, you may contact the Murthy Law Firm in the US. Contact information is available here - https://www.murthy.com/contact-us/.
  14. MurthyIndia_Lawyer

    H1B Appointment scheduling clarification

    Hi! Congratulations on your new H1B! It is good to retain a copy of your email to the U.S. Embassy, Singapore. You can go ahead and schedule your visa interview as soon as the U.S. Consular Missions in India resumes services after the COVID-19 pandemic shutdown. While completing a new visa application form DS160, one must list the INA 221(g) refusal in response to the relevant question on the visa application form. We wish you the very best with your new employment!
  15. MurthyIndia_Lawyer

    H4 Visa Stamping

    Hi! In general, all H4 visa applicants must carry relevant documents to evidence relationship with H1B spouse and to evidence the principal H1B holder continues to maintain the legal status in the U.S. The consular officers generally inquire about the marriage, relationship and principal H1B holder’s job-related questions. As long as, the principal H1B holder is maintaining the legal status in the U.S. a H1B visa is not required for the H4 visa to be issued. If you need professional assistance with your spouse’s H4 visa interview at the consulate, you may reach out to us at info@murthyindia.com.