Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...

Attorney_22

Attorney
  • Content count

    1,453
  • Joined

  • Last visited

Everything posted by Attorney_22

  1. Attorney_22

    H4 Stamping

    Generally, in situations where an H1B beneficiary has yet to begin employment with the H1B petitioner, and that individual or their dependents need verification of employment to obtain a visa or to enter the U.S. at a point of entry, in lieu of recent pay statements a recent employment verification letter from the petitioner will normally suffice. If you have additional questions please contact a qualified U.S. immigration attorney.
  2. Generally, in lieu of a marriage certificate affidavits regarding the marriage by individuals with personal knowledge and an unavailability certificate from the applicable authorities will normally be sufficient. If you have further questions please contact a qualified U.S. immigration attorney knowledgeable in such matters.
  3. Due to the complexity of your situation and your immigration goals, it is advisable to speak directly with a qualified U.S. immigration attorney. However, to briefly answer questions one and two, yes, leaving the U.S. and re-entering pursuant to a valid L1B visa and petition with employment verification letter after October 1st would place you in L1B status. If you leave the U.S. prior to October 1st (when your COS is to commence) you will hand in the L1B I-94 as that is the status you are in at the time of departure. The Murthy Law Firm has a very well-regarded Nonimmigrant Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.
  4. Attorney_22

    H4 to H1 without client letter

    Generally, as long as you have been counted against the H1B cap and have not exhausted your full six years of H1B authorization you may be eligible to change your status from H4 to H1B provided the position qualifies for H1B and you are qualified for the position. The question regarding a client letter depends on the type of employment you will be engaged in. Once you have found qualifying H1B employment, it is advisable to speak directly with a qualified U.S. immigration attorney who can advise you based on your specific situation at the time and your long-term goals. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.
  5. Generally, if an individual changes status from H1B to H4 while in the U.S. and was issued a valid I-797 with attached I-94, that individual is in valid H4 status (assuming the individual has not violated the provisions of that status). Later when that individual travels abroad and plans to return to the U.S. pursuant to the new H4 status, that individual will need to enter pursuant to a valid H4 visa unless that individual is from a visa exempt country or will utilize the automatic revalidation provisions. For a more in-depth discussion regarding your wife’s particular circumstances please speak directly with a qualified U.S. immigration attorney.
  6. Attorney_22

    Change in employer - PERM filed but not approved

    Generally, a PERM application is for a future position. Therefore, it is not required for an individual to work for the PERM application petitioner until the green card is approved. However, when utilizing an approved PERM application or approved I-140 with company A for a post six year H1B extension with company B, there are some inherent risks, such as employer A eventually withdrawing the PERM/I-140. Therefore, before making any decisions is it advisable to speak directly with a qualified U.S. immigration attorney who can address the details of your specific situation. The Murthy Law Firm has a very well-regarded Greencard Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.
  7. Attorney_22

    H1B stamping

    Generally, an individual with a valid H1B petition must enter the U.S. from travel abroad within the validity dates of an H1B visa (with minor exceptions such as visa revalidation). Therefore, pursuant to the information described above, if traveling to any countries other than Canada or Mexico you will need a new H1B visa to re-enter the U.S. Although a W2 is not specifically required when applying for an H1B visa, a consulate may request this document as evidence of legitimate H1B employment.
  8. Generally, as long as the H1B petition with employer A has not expired or been revoked it is acceptable to give proper notice before leaving their employment and engaging in employment with company B. However, you should be aware the regulations require the beneficiary of a new H1B change of employer and extension petition be placed on the new sponsor’s payroll within sixty days after the date when the worker became eligible to work for the new employer (when the new H1B petition is approved). If you have further questions, please contact a qualified U.S. immigration attorney.
  9. Generally, the enhanced H1B portability provisions of AC21 allow an individual already in valid H1B status to commence work with a new employer upon USCIS’s receipt of the change of employer petition. If an individual is planning to take advantage of this provision, it is advisable to at least wait until the H1B Receipt Notice with the new employer has been received. However, an individual may be ineligible for the AC21 portability provisions if s/he ended their relationship with the previous employer prior to the filing of the new H1B petition. For a more in-depth discussion regarding this matter and the options available to you, please contact a qualified U.S. immigration attorney.
  10. Attorney_22

    H1B portability help.

    According to current USCIS interpretations an individual is not eligible to utilize AC21 portability with a new employer when that individual is not already in H1B status. On April 7, 2011, in a question-and-answer session with the American Immigration Lawyers Association (AILA), the USCIS confirmed what is now the agency's internal view regarding H1B portability: "H1B portability pursuant to AC21 . . . applies to nonimmigrants who are currently in H1B status or an authorized period of stay based on a timely-filed extension of an H1B status petition." Therefore, USCIS does not consider AC21 provisions as granting work authorization upon the filing of a valid H1B petition unless the Beneficiary of the petition is already in valid H1B status. Please see the following link regarding the USCIS interpretation: http://www.murthy.com/news/n_portpo.html For a more in-depth discussion regarding this matter and the options available to you, please contact a qualified U.S. immigration attorney.
  11. Attorney_22

    Port my Priority date - EB3 to EB3

    Generally, you may request to retain an earlier PERM priority date with the filing of a new I-140 petition, or when filing an I-485. The request to retain the earlier priority date should be filed with a copy of the I-140 Approval Notice which lists the priority date you would like to retain. If you have further questions, please contact a qualified U.S. immigration attorney.
  12. Attorney_22

    Perm Filing Different Attorney but same employer

    Unfortunately, the DOL does not allow two PERM applications to be filed for the same individual, in the same position with the same employer. Therefore, if you plan to file a new PERM application it will need to be for a legitimately different position than is currently pending. Generally speaking, the PERM process is driven by the employer and therefore the employer should have access to the DOL site to check the status of each application. For additional information, please contact a qualified U.S. immigration attorney knowledgeable in such matters.
  13. Attorney_22

    how to check perm status online?

    Generally, only the employer and attorney who prepared and filed the Labor Certification have access to the DOL site. Therefore, it is advisable to seek the assistance of either your employer or attorney to check the current status of your PERM application.
  14. Attorney_22

    Filing PERM process on L1B or H1B

    There are many considerations when determining what nonimmigrant status would be best for you when pursuing the PERM green card process. Such considerations include L2 work authorization, H1B v L1B time limits, and your personal circumstances and long-term immigration goals. Therefore, it is advisable to speak directly with a qualified U.S. immigration attorney knowledgeable in these matters who can take the time to advise you appropriately. The Murthy Law Firm has very well-regarded attorneys with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation.
  15. Attorney_22

    H4 Status

    Unlike H1B status which is tied to a particular employer and position, H4 status it tied to the principal spouse or parent. Therefore, as long as our wife’s H4 visa has not been revoked or canceled, she is eligible to utilize an already issued and valid H4 visa to enter the U.S. despite your change of H1B employer. If you have any further questions, please contact a qualified U.S. immigration attorney.
  16. Attorney_22

    waiting for EAD..how long?

    Generally, USCIS is adjudicating EAD applications within two to three months. If you have additional questions, please contact a qualified U.S. immigration attorney.
  17. Yes, that is correct- you do not need to be in your 6th year of H1B to apply for a three year extension based on an approved and valid I-140. This extension can be for up to three years, but can be for shorter periods if requested by the sponsoring employer, or USCIS determines there is not sufficient qualifying H1B employment for the entire three year period. An I-140 sponsor has the ability to withdraw the petition at any time, however if an H1B extension based on the I-140 has already been approved, at this point in time, USCIS will not revoke the H1B extension. Although an I-140 sponsor may withdraw the I-140 petition, there is no specific requirement to do so.
  18. Attorney_22

    H4 Status?

    Generally, a dependent spouse’s H4 status is tied to the H1B status of the principal spouse. Therefore, as long as the principal is in valid H1B status the dependant is eligible for H4 status. In a situation where the principal is in valid status and the dependant is in the U.S. and has filed a timely and non-frivolous application to extend his/her H4 status, that dependent will be considered in a period of authorized stay. For a more detail discussion regarding your specific circumstance, please contact a qualified U.S. immigration attorney.
  19. Attorney_22

    H4 extension - good immigration lawyer

    The Murthy Law Firm has a very well-regarded Nonimmigrant Visa Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.
  20. Generally, an individual does not need to be in their 6th year of H1B to utilize AC21 provisions which provide for an extension beyond the normal six year limitation on the basis of a valid and approved I-140 petition. This extension can be for a period up to three years but can be for a shorter period. However, an I-140 sponsor has the ability to withdraw the I-140 petition at any time which can affect an individual’s eligibility for a post 6th year H1B extension. Please also be aware there can be additional ramifications to an individual’s green card aspirations and therefore before making any changes to employment the individual should speak directly with an experience immigration attorney.
  21. All H1B petitions need to submit a complete form. The current I-129 Form includes a Part 6 that must be complete before USCIS will accept the form. For your reference please utilize the following link to see what is contained in Part 6: http://www.uscis.gov/files/form/i-129.pdf. If you have additional questions please contact a qualified U.S. immigration attorney.
  22. Please use the following link to find an answer to your question regarding consultation fees: http://www.murthy.com/consult.html#tel
  23. Attorney_22

    H1 Transfer and I94 ISSUE

    Generally, when an individual’s H1B petition has been approved but without an attached I-94, the individual will not be authorized to work for the new H1B employer until the individual has entered the U.S. at a point of entry pursuant to the new approved H1B petition and obtained a new I-94 card. While an H1B I-94 is employer specific, the H1B visa is status specific. Therefore, if an individual possesses a valid H1B visa in his/her passport based on company A’s H1B petition, it is possible to utilize this visa for entry on company B’s new H1B petition (with some limitations). For a more detailed discussion regarding any nuances in your personal circumstances, please consult a qualified U.S. immigration attorney.
  24. Attorney_22

    H1B duration of stay in US

    It is advisable to speak directly with a qualified U.S. immigration attorney regarding this matter as soon as possible.
  25. Attorney_22

    I-94 and H1B transfer question

    Generally, when an individual is in valid H1B status it is permissible to have multiple change of employer petitions pending at the same time. In these situations, if utilizing the advanced portability provisions of AC21 by working with an employer after USCIS has received the change of employer petition it is important to be sure each petition in the string has been approved. In the limited scenario described above, as long as the individual was in valid H1B status prior to the filing of the change of employer petition, and commenced work with each of the new employer upon USCIS’s receipt of the new petition, that individual should be eligible to continue working until there is a decision on the petition pursuant to AC21. This discussion is limited to the facts listed above and should be reviewed directly with a qualified U.S. immigration attorney pertaining to each individual’s personal circumstances. Please feel free to contact a Murthy Law Firm attorney with any other questions relating to this matter.
×