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Attorney_22

Attorney
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Posts posted by Attorney_22


  1. This week, Murthy Law Firm attorneys will answer questions regarding green card processes for professionals. 

    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. On 10/11/2019 at 9:22 PM, Sam_0210 said:

     

    I am currently in H1B and planning to move to L1A for applying GC in Eb1 category.

    I am in L1B and H1B since 5.5 years (together) and currently in EB2 GC.

    I got promoted to Managerial position 3 months back and so I would like to convert my H1 B to L1A and file GC in EB1 category. 

    I worked in India for the same company prior to my 5.5 years US experience.

    Please let me know if this is valid and if I meet the criteria to file L1A and then EB1.

    Thanks in advance,

    Sam

    One of the requirements of the EB1C category, is that you worked abroad for the same/affiliate/subsidiary company in a managerial or executive capacity prior to coming to the U.S. Accordingly, it is advisable to speak to a U.S. immigration attorney familiar with L1As and EB1Cs prior to making any decisions regarding these changes.   


  3. On 10/11/2019 at 4:54 AM, PD1810 said:

    Hello

    In new form i539, Is it required for individual applying for H4 extension to mention details about Temporary Disability Insurance due to pregnancy and Family leave insurance for child bonding received between April to June 2019 from the State of New Jersey under Public Benefit section?

    also, i539 instruction says, mention only benefits received on or after October 15 2019 but the question under Public charge in i539 says - 

    “Since obtaining the nonimmigrant status that you seek to extend or from which you seek to change, have you received, or are you currently certified to receive, any of the following public benefits? (select all that apply)”

    Could you please help me understand whether to mention benefits listed above that too received before Oct 15 2019 by checking below box on the form along with required evidence  ?

    “Any Federal, State, local or tribal cash assistance for income maintenance”

    Thanks much in advance! 

    81483E71-D6A4-4B03-94EF-72079E23AE08.jpeg

     

    8963786E-EF02-49D3-9D8E-EC40CBC0AE3A.jpeg

    Implementation of the new forms and public charge rule has been postponed. However, it is still advisable to be aware of the issues the Administration is concerned with and to speak with a knowledgeable attorney prior to taking any benefits you believe may be considered "means tested".   


  4. This week, Murthy Law Firm attorneys will answer questions regarding the additional scrutiny of public charge and the latest addition of the requirement to show evidence of health insurance.     

    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. On 10/3/2019 at 10:14 PM, Gurpreet said:

    Hi - My son is born in Hong Kong year 2005 ( HK is eligible for diversity lottery program). Me and my wife are both born in India and still waiting for our GC - 2011. Can I apply for his GC under the lottery program? What are the options? He goes to middle school in US. Thanks - GPS

    That is correct, he will not qualify at this time. You can find more information on the category at the following link: https://www.murthy.com/2019/09/30/fy21-diversity-lottery-registration-begins-02-oct-2019/


  6. This week, Murthy Law Firm attorneys will answer questions regarding the diversity lottery 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.
     


  7. This week, Murthy Law Firm attorneys will answer questions regarding the proposed new I-944 Form to be included with most Adjustment of Status applications.   

    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. On 9/20/2019 at 12:41 AM, harsha_m said:

    I am on EAD (compelling circumstance category) and my wife is also on the same EAD category. I got H1 approved this year with consular processing.

    1) Can I go to Canada/Mexico for stamping or should I have to go to home country?

    2) After coming back on H4, can my wife still work while H4-EAD is applied(processing) based on the validity of EAD (compelling circumstance category)

    Generally, if an individual has previously obtained the same class of visa in the past, they can apply for a new visa in Mexico or Canada. However, the consulate still has discretion to accept the application. In regards to the compelling circumstance EAD and H4 status, that is more nuanced and therefore is best to discuss this with your attorney, or call our office to discuss the situation. 


  9. This week, Murthy Law Firm attorneys will answer questions regarding changes to employment when in H1B status.  

    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. This week, Murthy Law Firm attorneys will answer questions regarding U.S. citizenship 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.
     


  11. On 8/30/2019 at 11:48 AM, ShakShay said:

    Hi, I applied for non immigrant waiver to visit USA as I was deported.

    Received below response from admissibility review pffi at VA - this is in reference to your form I-192 because you may be inadmissible to USA, charges found - section 212(a)(6)(A)(i) of the INA, disposition- removed.

    A determination of inadmissibility under above charges does not trigger a bar, permanent or otherwise that would require an individual to seek a temporary waiver. Your inspection upon admission will be like normal applicant. Carry this letter everytime you enter US.

    Based on above response can I directly apply for I-485 as I had I-140 approval from past or do I need immigrant waiver?

    I can attach original letter but wasn't sure if it would be viewed public or private.

    Typically, an immigrant waiver will be necessary. Prior to proceeding with your I-485 it is highly advisable to discuss your situation with one of our attorneys experienced with immigrant waiver cases.  


  12. This week, Murthy Law Firm attorneys will answer questions regarding marriage and U.S. immigration, such as immediate relative petitions, fiancée visas, and family-based preference 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.
     


  13. This week, Murthy Law Firm attorneys will answer questions regarding EB2 and EB3 green card 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. On 8/2/2019 at 10:36 PM, aba said:

    What situations or circumstances are legally considered valid for leaving sponsoring employer immediately within 2-3 months of receiving green card without jeopardizing citizenship approval?

    There is no specific time-frame in the regulations or law, therefore it is all about showing proper intent. Since each circumstance is unique it is advisable to speak to one of our attorneys to discuss your specific situation.  


  15. On 8/2/2019 at 7:49 PM, skdh05 said:

    Hello,

    After receiving my employment based Green card, can I take a part-time second job or open up my own business without any legal complications within 3 to 4 months of my Green card  while still employed full-time with my employer? Thanks in advance!

    You can use your green card to take a part-time job or start your own business. If you are also remaining with your green card sponsor, then there should not be any issues regarding intent. 


  16. On 8/2/2019 at 6:49 PM, GC_USA said:

    What happens if the employee was laid off due to company restructuring a couple of months before getting the green card? Status is valid because EAD was received a few days before being laid off. Got green card after 3 months following losing job. After getting green card, applied and joined new employer using GC. AC21 was never used/needed. So, in this case, worked for the GC sponsoring employer for few years before receiving GC but not after getting it. Will applying for citizenship when eligible (5 years or later) cause any issue in this case?

    This is a potentially complicated situation and therefore it is best to discuss the details with one of our attorneys. 


  17. On 8/2/2019 at 3:28 PM, Rayiota said:

    I got green card in July 2017. I continued with same employer until July 2018.

    after that I started my own startup but didn’t pay myself any salary till July 2019

    if I travel abroad- how should I handle it at port of entry? 

    What are consequences of having $0 personal income for year 2019 at future port of entries? 

    I m not worried about naturalization at this time but only about my frequent traveling in and out of the country running my startup. 

     

    Thank you

    Traveling internationally and re-entering the U.S. with your green card should not be an issue despite the circumstances you list above. 


  18. On 8/2/2019 at 1:22 AM, Sankar Kandhasamy said:

    Hi,

    is the "job portability under ina section 204(j)" rule will be applicable and can be used after getting green card?

    Also using "job portability under ina section 204(j)" rule before getting approval for green card is feasible on below conditions?

    • more than one year over after I-140 approval
    • I-485 application is pending for more than 180 days

    Yes, job portability pursuant to  AC21 is still the law. In addition to the requirements you list above, the new position/job must be considered substantially similar to the original position listed on the I-140. 


  19. On 8/1/2019 at 9:34 PM, Ahalya79 said:

    Any guidance on a situation if employer was changed before green card was approved and if over 5 years past since GC received?

    Can this question be posted anonymous or just replied to privately? 

    The answer to this question depends on the specifics of your circumstances. Therefore, it may be best to call our office and speak to one of our attorneys. 

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