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Attorney_15

Attorney
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About Attorney_15

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  1. Attorney_15

    H4 Extension RFE on principal alien nonimmigrant status

    It sounds like no evidence of the principal alien's status was included when filing the H4. Generally if there is no problem identified by USCIS and the specific items that are requested can be provided, it is best to give USCIS exactly what they are asking for.
  2. Only a company with at least 100 employees qualifies to use such a letter. Even then, however, USCIS can still request the tax returns to verify the existence of the employer's ability to pay the offered salary.
  3. Attorney_15

    Four months no receipt for i140 regular processing

    If the check for an I140 filing has not been cashed it is quite possible that the package has been lost and USCIS itself will likely have no record of receiving it. One should both contact the Lockbox (if not already done) and explore what can be done as regards re-filing especially if it is still within the 180 day validity period of the Labor Certification. You can reach an attorney at Murthy Law Firm by scheduling a standard consultation: https://www.murthy.com/consultations/.
  4. Attorney_15

    L1A with I-140 approved and laid-off

    If someone is in L1A status and is laid off, they qualify for a grace period of up to 60 days so long as their L1A I-94 Card is valid for at least 60 days. If such a person held H1B status and with an I140 can qualify for a new employer to file an H1B Petition with the extension of status request, and along with that filing a change of status request and EAD card request for the spouse. All of these 3 filings would need to be filed before the end of the grace period and request a start date also within the grace period. If you want specific advice from an attorney and to explore your options and address further details about your situation you can schedule a standard consultation via https://www.murthy.com/consultations/.
  5. The president's proclamations are not designed to impact I-140 eligibility or processing. They should have no effect on an I-140 getting approved.
  6. Attorney_15

    Change of employment with apporved I-140

    Changes in H1B employment are not based on progressions in employment. Furthermore, keeping the priority date is not based on that either or moving to a similar job. Under current law, if the I140 has been approved for 180 days or more, if the petitioner withdraws it the priority date can transfer to a new GC case and extensions of H1B status are still available.
  7. This is an area that based on our reading of the Executive Order is currently somewhat unclear. It may be best to try to apply for the visa and then if it is refused address the issue with an Attorney who can present a legal argument to the Consulate or you may need to consider a lawsuit to challenge the EO's application to the visa application.
  8. Attorney_15

    H1b transfer - safe in current situation?

    Extensions of status when someone's I94 card has expired but there is a pending petition tend to involve more risk. This sounds like a situation that requires careful consideration of risks and assessment of options. You might benefit from speaking to an attorney. You can reach Murthy Law Firm at https://www.murthy.com/consultations/.
  9. Depending on a person's specific situation, options can be identified. For many people who cannot leave the US, a B2 change of status is the only option. For specific advice to you from a Murthy Law Firm attorney you would need to contact Murthy Law Firm at https://www.murthy.com/consultations/ to arrange a consultation.
  10. Attorney_15

    Work while L1A extension

    Someone who has a timely filed extension of L1A status can generally work for 240 days after the expiration of the I-94 Card while the L1A extension petitions is pending with USCIS.
  11. Attorney_15

    L1 - GC Application

    The parent of a US Citizen who is 21 years or older can sponsor a parent as an immediate relative who can simultaneously file an I-485 Application. You may want to speak with an attorney to explore that path to a Green Card, evaluating work authorization options and any other issues. You can reach Murthy Law Firm at https://www.murthy.com/consultations/.
  12. Attorney_15

    F1 to H1B Transition

    USCIS has stated they will consider requests made because of COVID19. So if someone needs to file a B2 application to lawfully remain in the US because they are unable to leave due to COVID19 travel restrictions, then one should clearly explain those being the reason(s) for the application.
  13. Attorney_15

    H4 extension RFE

    This sounds like you might need to fill in the date that should have been there but was not and perhaps file another I-539 also. However, it is not entirely clear from your message, I recommend speaking with an attorney to figure out what is needed.
  14. Attorney_15

    EB - 1 Extraordinary Ability in Science

    Information about the EB1 Extraordinary Ability category is available on MurthyDotCom and USCIS.gov.
  15. Attorney_15

    Applying with GC about to expire

    USCIS requires separate biometrics. USCIS has stated that they may choose to waive biometrics and re-use old ones but that is a choice they make. They don't take input on the issue.
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