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Attorney_22

Attorney
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Everything posted by Attorney_22

  1. Attorney_22

    Marriage and U.S. Immigration

    If the case was filed for consular processing, Fee Bills will be issued from the National Visa Center. Additionally, the Petitioner will need to provide an affidavit of support, and potentially other documentation as requested by the National Visa Center.
  2. Attorney_22

    Marriage and U.S. Immigration

    Since you are not a U.S. citizen or LPR, it is unlikely your spouse will have an intent issue when applying for the F1. However, since F1s are only able to enter within 30 days of the program start date there may be a gap between the marriage and when you are in the U.S. together. To discuss this in more detail, please call our office.
  3. This week, Murthy Law Firm attorneys will answer questions regarding H1B requests for evidence (RFEs). 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. This week, Murthy Law Firm attorneys will answer questions regarding legal representation at USCIS interviews, such as for adjustment of status and naturalization. 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.
  5. Attorney_22

    Legal Representation at Your USCIS Interview

    Typically, you can correct this error in response to an RFE, or at the interview.
  6. Attorney_22

    Legal Representation at Your USCIS Interview

    An employment-based AOS interview will discuss the particulars of the green card job offer. Unlike an H1B, the green card offer is not always tied to a particular location (you will need to review the specifics of your offer), but rather may be focused on the employer and position. Call our office to discuss this in detail.
  7. Attorney_22

    Unlawful Presence Memo for F, J, and M Nonimmigrants

    As with almost all legal questions "it depends". Day 1 CPT is not unlawful if it meets certain restrictions. Call our office to discuss this in more detail. You can also review the following: https://www.murthy.com/2018/06/07/i-am-currently-working-on-a-cpt-but-i-heard-that-the-uscis-released-a-memo-saying-that-students-should-not-work-on-cpt-is-this-true/
  8. This week, Murthy Law Firm attorneys will answer questions regarding the issuance of the unlawful presence memo for F, J and M nonimmigrants. 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.
  9. Attorney_22

    Unlawful Presence Memo for F, J, and M Nonimmigrants

    This is an issue we've seen USCIS raise before. I recommend calling our office and speaking with one of our attorneys that deal with student issues. They will be able to give you some guidance.
  10. Attorney_22

    Unlawful Presence Memo for F, J, and M Nonimmigrants

    The visa is a travel document not a status document. Your I-94 in conjunction with authorized OPT from your DSO will document your status. If you have more specific questions it is advisable to call our office and speak to an attorney.
  11. This week, Murthy Law Firm attorneys will answer questions regarding labor certification i.e., the PERM green card 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.
  12. Attorney_22

    Labor Certification (PERM) Open Discussion

    The rule regarding extensions of H1B beyond the six year limitation is not based on a certified PERM application, but rather when it was filed and if still valid. If it has been 365 days since the PERM application was filed and it is still valid, you can use it as a basis for an H1B extension of one year. In many situations it is easier to use an I-140 approval notice for eligibility of an extension of up to three years. To discuss this in detail, feel free to schedule a call with an attorney in our office.
  13. This week, Murthy Law Firm attorneys will answer questions regarding a new USCIS policy memorandum that makes it easier for USCIS to deny cases without first issuing an RFE or NOID. 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_22

    USCIS Memo on Denials Without RFEs/NOIDs

    We cannot know specifically how every officer will approach a case, but the language the memo utilizes is: "This updated guidance is effective September 11, 2018 and applies to all applications, petitions, and requests received after the effective date."
  15. Attorney_22

    USCIS Memo on Denials Without RFEs/NOIDs

    If you have not already, it is highly advisable to speak to a U.S. immigration attorney familiar with criminal issues regarding the arrest for both non-immigrant and immigrant concerns. Our office can assist in this matter.
  16. This week, Murthy Law Firm attorneys will answer questions E-1 & E-2 visa options. 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.
  17. This week, Murthy Law Firm attorneys will answer questions regarding labor certifications and the viability of old job offers. 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.
  18. It is advisable to call our office to discuss your situation.
  19. It will depend on the situation with your prior I-140 and where you are with your new PERM process.
  20. Unfortunately, that is something I cannot predict.
  21. Yes, it is likely you will receive an RFE. The RFEs in this situation are usually requesting new medical exams, I-485 Supplement J, status documents and a new G-325A.
  22. Attorney_22

    H1B Requests for Evidence (RFEs)

    Dear Pareshn, this is a case specific question that requires a complete review the RFE received and a discussion of options available based on the initial filing. Accordingly, it is highly advisable to call our office and speak to one of our H1B attorneys over the phone.
  23. Generally, you need to be performing the position as described in the underlying labor certification. If that is not possible due to career growth, then it may be necessary to file a new PERM/I-140. To discuss the nuances of this feel free to schedule a call with one of our attorneys.
  24. To file the I-485 based on the original EB3 I-140, that original offer needs to be viable and you must be willing/planning to work in that position when the green card is approved.
  25. Once your priority date is current USCIS will accept the I-485 application to adjust status. In addition to USCIS filing forms you must include copies of your U.S. immigration history and identity documents, such as birth certificate.
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