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Attorney_23

Attorney
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Everything posted by Attorney_23

  1. This week, Murthy Law Firm attorneys will answer questions regarding the L-1 intracompany transferee nonimmigrant visa category. 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.
  2. Attorney_23

    Nonimmigrant Waivers

    This week, Murthy Law Firm attorneys will answer questions regarding nonimmigrant waivers of inadmissibility. 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. This week, Murthy Law Firm attorneys will answer questions regarding the changes to the public charge ground of inadmissibility. 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.
  4. Attorney_23

    L1A/L1B Intracompany Transferees

    One does not get to choose which status controls. If the extension is approved and then the change of status, the change of status would generally control. If the change of status is approved, and then the extension, things can get a bit tricky. There is a good argument that a person cannot extend status if they are not currently in that status. So, it seems reasonable to conclude that the change of status still holds. But, it is hard to say what is in the USCIS system in that situation, which could create hurdles down the road. Ideally, one can withdraw the pending extension of status request as soon as the change of status is approved. If that is not done, it may be beneficial to consult with an attorney to determine how to proceed.
  5. Attorney_23

    L1A/L1B Intracompany Transferees

    No, there is no requirement that one have any reports. But, with the exception of functional managers, it can be very challenging to argue that a person is acting as a manager or executive without anyone reporting to them. (This is not to say it is impossible - there are situations where this may work. But, in most cases, the USCIS would expect to see a fair number of people reporting to the L1A worker. There are no set requirements for job title.
  6. Attorney_23

    L1A/L1B Intracompany Transferees

    It is very difficult to say. Once we get updated predictions, we will post the details on MurthyDotCom.
  7. Attorney_23

    L1A/L1B Intracompany Transferees

    You likely would need to either depart the U.S. or change to a different nonimmigrant status (e.g., H1B).
  8. Attorney_23

    Marriage and U.S. Immigration

    Whether the marriage is registered or not typically would have no impact on the chances of success. With three denials, a fourth application is highly unlikely to be approved unless there has been a change in circumstances from the previous applications.
  9. This week, Murthy Law Firm attorneys will answer questions regarding the new rules for the EB5 immigrant investor program, which are scheduled to go into effect on November 21, 2019. 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.
  10. Attorney_23

    New Rules for EB5 Immigrant Investor Program

    The regulatory requirements, including the minimum investment amounts and TEA designation process, in place at the time of filing the I-526 petition will govern the eligibility requirements for that petition.
  11. Attorney_23

    August Visa Bulletin: Priority Dates Retrogress

    We cannot rule out the possibility, but it appears to be unlikely. As far as I know, there is no official document. The information provided is based on communications between AILA and Mr. Oppenheim.
  12. This week, Murthy Law Firm attorneys will answer questions related to the Freedom of Information Act (FOIA). 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.
  13. Attorney_23

    H1B Cap RFEs

    This week, Murthy Law Firm attorneys will answer questions related RFEs issued on cap-subject H1B petitions. 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.
  14. Attorney_23

    Applying for U.S. Citizenship

    This week, Murthy Law Firm attorneys will answer questions regarding the process of applying for U.S. citizenship. Rules for Topic of the Week Threads: Attorney's postings contain general information only and are not a substitute for case-specific legal advice. 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. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not provide information which would identify any specific company, university or individual.
  15. This week, Murthy Law Firm attorneys will answer questions regarding birth documents submitted with immigration filings. 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.
  16. Attorney_23

    H1B Amendments

    There are special provisions for short-term work assignments. But, the issue can get complicated. You should discuss this matter with your employer's immigration attorney.
  17. Attorney_23

    H1B Amendments

    Generally speaking, so long as the previous petition is still valid, one may move back to work pursuant to that H1B petition. (i.e. Work at the location/client indicated in the petition that was approved.) There is no set amount of time one must wait to file another amendment; but, one obviously should be able to address the deficiencies in the denied petition.
  18. Attorney_23

    H1B Amendments

    Yes, even though it is from a previous employer, it still generally may be used for purposes of extending stating beyond the 6-year max.
  19. Attorney_23

    H1B Amendments

    You should schedule a consultation with an attorney to determine what immigration impact this may have.
  20. Attorney_23

    L1A Managers and Executives

    This week, Murthy Law Firm attorneys will answer questions regarding the L1A nonimmigrant visa category for intracompany transferee managers and executives. 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.
  21. Attorney_23

    L1A and EB1(c) Managers and Executives

    Yes, if the I-485 has been pending for at least 180 days, it generally would be possible to port to a same/similar position elsewhere. Please see: Final Policy on AC21 “Same or Similar” Job Requirement
  22. Attorney_23

    L1A and EB1(c) Managers and Executives

    The I-140 can be filed at any time. The I-485 cannot be filed until the priority date is current.
  23. Attorney_23

    L1A and EB1(c) Managers and Executives

    No, this would not typically impact one's eligibility for EB1(c) in the future.
  24. Attorney_23

    L1A and EB1(c) Managers and Executives

    Ordinarily, an L1A denial would not impact an existing H1B or an EB2 case.
  25. Attorney_23

    L1A and EB1(c) Managers and Executives

    This is a very broad question. In short, to qualify for L1A and then EB1(c), you need to work as a manager or executive for at least 1 year, and then be transferred to a related company in the U.S. as a manager or executive.
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