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gregspirited

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  1. gregspirited

    GC for family- Murthy Lawyer recommendation

    I got my GC in Feb 2012. Went to my home country for 2 years from 2014-16 with a re-entry permit. I was married in 2006 and couldn’t add my spouse since she was in J1 visa at the time. My daughter is now 4 years old. Both my wife and my daughter are in h1 and h4 Visa currently. My wife visited the US on B2 tourist visa 2-3 times while we were temporarily stationed in our home country between 2014-16. Hope this helps! Thanks again
  2. Hi - Couple of months back I consulted with one of Murthy’s lawyers. I’m a LPR and have applied I-130 for my daughter and wife. The lawyer’s recommendation was to not wait for any visa numbers as my GC was originally approved under EB2 employement category back in 2012. He suggested that I could apply for 485 and visa number wait is not applicable in my case. I did talk to another lawyer who is a family friend. He is suggesting that it may not be possible and have to wait for visa numbers under F2A category. Now which is the correct advice and how should I proceed? Any advice is greatly appreciated.
  3. I’m a physician looking to transfer from B2 (currently residing in US) to H1-B through COS. I did go through 2 year HRR requirement as part of J1 visa requirement back in my home country. My lawyers did apply for COS (premium processing) and got a RFE related to fulfilling J1 2 year HRR or waiver requirement. I also have an approved H1-B that will require me to go back to US Consulate in India to get stamping. What should be our approach? Should we respond to RFE with additional documentation to substantiate my presence in India (lease docs, Income tax return etc) or travel back to India to get stamping done and avoid all the hassles? Any guidance is highly appreciated.
  4. I'm an LPR working here in US. My wife has a B2 visa and she is pregnant (end of second trimester) and is out of the country right now. She has been in US before on H4, J1 (medical residency) and B2 (multiple times). She went to her home country in March and I'm planning to bring her back in June (after 3 months out of the country on B2 visa). I have applied for I-130 for her GC which is pending still. What are the challenges for her at Port of entry given all the above information? What should I look out for and prepare? Any help is appreciated.
  5. Hi, I have a very interesting situation. I'm a permanent resident and my spouse is on B2. She was in H4, J1 visa in the last 10 years. I couldn't include her in LPR application due to J1 status. Hence she is with me on B2 visa (multiple entry) currently. She has an offer for a job who is ready to sponsor H1-B (cap -exempt). I know she can accept the offer due to change of status from B2 to H1-B (a fresh application) option. But the question is when can she actually start working. Can she start to work once the H1-B application is filed (or) should she wait until the application is approved? Also what is the scenario if the B2 visa Duration of stay (D/S) is completed before the H1-B application approval comes through? Any help is greatly appreciated. Thank you !
  6. Hi, My spouse (a physician) is leaning towards taking an offer with a private practice. This practice is affiliated to a non-profit hospital. But the actual employer will be the person who owns the private practice. Can my wife apply for a H1-B visa under cap exempt category under this scenario? What will be some of the conditions if she has to come under non exempt category for H1-B? Currently she is in B2 visa. Should I engage murthy law firm for any guidance or taking up with case? Thanks in advance
  7. Thanks for your reply. I did email one of my lawyers (who processed GC for me via EB2 employment category in 2012) and his advice was to come in to US via B1/B2 and convert my wife's status to H1/H4 (for my daughter) via a job. Applying for GC for my wife is possible (through follow to join option) but not my daughter. My daughter (3 yrs old) has to go through F2A category for which the dates are in Nov 2014. Since my daughter has to go through F2A my wife will also need to go through the same window. If you believe that there are other better options that I need to explore I can definitely reach out to murthy's law firm for consultation. I don't want to get the same option again through another lawyer.
  8. 1. I got married before I got my GC. I could use the "Follow to join" rule for my wife but not my daughter since she was born after my GC approval. I cannot bring my daughter in follow to join and hence my wife has to find a job (H-1B) and get a H4 for my daughter. 2. My only concern is whether she can enter the US using B1/B2 visa after which she has to find a job and transfer to H1-B visa 3. I have filed income taxes for 2015 & 2014 and have the returns 4. My last travel to US was in April 2016 and my wife/daughter last visited in Oct 2015
  9. I left US on June 23, 2014. But visited US two times on work related travel and stayed for 15-20 days each time. I haven't filed I-130 for them yet. Should I file before I come to the US or can I file after I enter the US? Thanks for your reply !
  10. Hi, I have a valid GC (obtained in 2012) with re-entry permit that is valid until 23- Sep-2016. My wife and daughter have B1/B2 visa and is valid for couple of more years. They have visited the US twice under this B1/B2 visa. Here are my questions. Any information is highly appreciated 1. Can I re-enter the US couple of weeks late (say Oct 5, 2016) even if my re-entry permit is valid only till 23-Sep-2016 2. Can I wife & Daughter accompany me in B1/B2 visa at the port of entry? What will be the challenges if any? Thanks in advance
  11. Hi, I have a GC and currently residing and working in India with a valid re-entry permit for 2 yrs. I understand re-entry permit is not a guarantee but have travelled twice back to US on business and family related. I'm planning to apply for F2A GC (I-130 initially) for my wife and child by residing in India in the next couple of months. Eventually planning to return to US before the 2 yr limit. But she is also looking for a H1-B job back in the US. If she gets a job and the employer is ready to sponsor H1-B how would the GC application work? Can these two be processed in parallel? What are the complications and what should I avoid to make things smooth? Thanks in advance. Thanks
  12. Hi, We have a daughter who will be 2 years come September (2015). I hold a valid GC and temporarily residing in India (through valid 2 year re-entry permit) to accompany my wife who is on a 2 year J1 HRR waiver requirement. This waiver requirement will be over by September 2015. Our daughter was born in India. Can I apply for a LPR for my daughter based on my LPR at the port of entry while visiting the US next time? If it is complicated can I consult a lawyer from Murthy for further information and assistance? Any leads is highly appreciated and thanks
  13. Thanks for the reply. I do understand that the re-entry at POE is very subjective. The reentry permit and GC do not guarantee one back into the states. I'm here in India since my wife is going through 2 year J1 HRR rule. We didn't want to stay apart and hence moved together to India temporarily. Her HRR will be over by June 2016 and thinking of returning to US. I work for a US based firm but not on a contract basis. I'm a full time employee based out of India. Given the situation above can I apply for a GC for my wife while working in India?
  14. Hi, I got my GC approved in Feb 2012. I moved to India temporarily with my family (wife & child) in June 2014 and will be in India for the next 1 year or so. I have an approved re-entry permit that is valid until September 2016. This was filed while I was in US and hence got it approved. Now I would like to apply GC (under F2A category) for my wife and my child while I'm working & residing in India. Can I apply GC for my wife and child while residing in India and if so how do I go about it? Any leads or pointers is highly appreciated. Thanks.
  15. Hi, I'm a Permanent Resident since Feb 2012. My wife completed here medical residency on a J1 visa. Currently she resides in India and she is planning to go through the 2 year Home return rule in J1. She started this HRR last July 2013. She gave birth to our daughter while in India in 2013. The goal is to stay with my wife & daughter until her HRR is over and not loose my GC during my stay in India. Hence I'm planning to apply for a reentry permit for my GC (I-131). Based on the context above I have few questions 1. Can I apply for a GC for my daughter while staying in India (or) US without issues? What are some problems that I might face in both scenarios? 2. Can I start the GC process for my wife by end of this year (2014) even though she would have completed only 18 months in her HRR? Given that 1-130 takes 5-6 months and the backlog for F2A category I would imagine she could get her visa number only after her HRR time period is completed. 3. I may try to bring both of them through B visa for a temporary stay this year. What is the best practice to reenter US on a B visa without any hassles at port of entry? Thanks in advance for your insights and answers. Thanks,
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