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Attorney_22

Attorney
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Everything posted by Attorney_22

  1. Attorney_22

    I-140 Downgrades

    When filing an I-485 you must include evidence of a bona fide job offer via the I-485 Supplement J Form. Both you and the sponsor sign the document that the statements are true. Accordingly, when filing the Supplement J you must be intending to work for that employer when the green card is received and the employer must be intending to hire you.
  2. Attorney_22

    I-140 Downgrades

    A downgrade filing does not change the requirements of the underlying labor certification, it simply changes the employment-based category.
  3. Attorney_22

    I-140 Downgrades

    It is advisable to call our office to discussed your options.
  4. Attorney_22

    I-140 Downgrades

    Yes, you can concurrently file the downgrade with an I-485 if the priority date is current. However, it is also possible the downgrade can be denied. Therefore, you will want to ensure you can continue to document the requirements of an I-140 petition.
  5. Attorney_22

    I-140 Downgrades

    Yes, this is possible. Often individuals will opt for the concurrent I-140 downgrade filing with the I-485.
  6. Attorney_22

    I-140 Downgrades

    A downgrade I-140 filing essentially converts your current I-140 from EB2 to EB3. When proceeding in this manner you need to be careful that the petition still meets the requirements. For instance, showing the ability to pay since the priority of the underlying labor certification, and having sufficient educational and experience documents. USCIS will not give deference to prior approvals on these issues. Another factor is more nuanced and intelligent minds may differ, however it is unclear how USCIS will proceed on a case by case basis if the EB2 date becomes current on Final Action prior to EB3 after a downgrade has been filed and approved.
  7. This week, Murthy Law Firm attorneys will answer questions regarding determining the appropriate wage level for H1B and PERM positions. 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.
  8. Attorney_22

    H1B Amendments

    Call our office to discuss your personal circumstances and any options available to you.
  9. Attorney_22

    H1B Amendments

    If an H1B petition was denied for a new client/location, you should not have H1B work authorization for that new client/location. However, since your questions a circumstance specific, it is advisable to call our office and speak to one of our attorneys who can advise you properly based on your personal situation.
  10. This week, Murthy Law Firm attorneys will answer questions regarding minimum requirements in the labor certification/PERM process. 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.
  11. Attorney_22

    Birth Documents in Immigration Filings

    You may still receive an RFE, but you can attempt to avoid this by also including evidence of your attempts to obtain the non-availability certificate. Depending on your personal circumstances, your lawyer may also be able to argue in your favor that you've met the requirements of the laws/regulations.
  12. Attorney_22

    Birth Documents in Immigration Filings

    It is generally better to correct the passport prior to proceeding with the AOS filing. If you were born in India, contact your regional passport office to inquire about correcting the passport. Unfortunately, it may be more difficult then one would expect and you may need to pursue a court order to compel the regional passport office to act.
  13. Attorney_22

    Birth Documents in Immigration Filings

    Generally, that alone is not going to be an issue. However, based on other factors you may need to provide additional secondary documentation.
  14. Attorney_22

    Marriage and U.S. Immigration

    I am sorry to hear the difficulties you are having. However, due to the complexity of your situation it is advisable to speak to one of our senior attorneys via a scheduled consult.
  15. This week, Murthy Law Firm attorneys will answer questions regarding status issues and unlawful presence. 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_22

    Status Issues and Unlawful Presence

    It is highly advisable to call our office and speak to an attorney regarding your particular circumstance.
  17. This week, Murthy Law Firm attorneys will answer questions regarding EB2 and EB3 upgrades and downgrades. 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.
  18. Attorney_22

    H2A/H2B Visa Options

    This week, Murthy Law Firm attorneys will answer questions regarding the H2A (temporary agricultural workers) and H2B (temporary non-agricultural workers) visa categories. 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.
  19. Attorney_22

    Potential H1B Pre-Registration

    This week, Murthy Law Firm attorneys will answer questions regarding the potential new H1B pre-registration program. 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.
  20. Attorney_22

    Status Issues and Unlawful Presence

    Unless a determination is made that you are out of status, ULP should not start to accrue until August 2019. However, based on the details you provided, it appears you are currently out of status and beyond the 60 day grace period.
  21. Attorney_22

    Status Issues and Unlawful Presence

    It is not clear from your notes the complete situation. Please call our office to schedule a consult with one of our attorneys. That attorney can then discuss in the detail your particular situation and the options available to you.
  22. This week, Murthy Law Firm attorneys will answer questions regarding the education requirements for 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.
  23. Attorney_22

    Education Requirements in H1B Petitions

    It is possible, however you will most likely need to rely on an education and experience evaluation from a creditable evaluation service.
  24. This week, Murthy Law Firm attorneys will answer questions regarding H1B cap-subject 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.
  25. Attorney_22

    Discrepancies in Birth Records

    Generally, the birth certificate is controlling and will be the document USCIS follows as most accurate.
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