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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 the visa bulletin.  

    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 9/11/2020 at 1:02 PM, h1btransfer123 said:

    Hello,

    One of my friend has been laid off and out of job since Feb 2020 and applied for H1 transfer under normal processing in July applied for another H1 transfer in Sep thru another employer in PP...now the second h1 transfer got an RFE asking to prove 'maintenance of valid immigrant status'...what will be the best approach in this case to ensure the petition gets approved...thank you.. 

    Due to the complicated nature of your question, it is best if you schedule a call with one of our H1B attorneys. 


  3. On 9/10/2020 at 11:52 PM, urjita davada said:

    Hello, 

    My parents came to visit me in Florida in March 2020 and are stuck here since. We applied for COS / Extension in June and received a receipt of notice. 

    However now  on 5th sept 2020 they have passed their 6 months in the USA although they have applied for an extension. Now they are planning to travel to Canada to meet my sister.. However we are not sure if they can travel before they have received their approval for extension. If they leave the USA without an approval, will their stay here be counted as unlawful presence?

     

    The extension of status should continue to be processed despite the departure and they are in a period of authorized stay due to the timely-filed extension request, so no ULP. However, the re-entry will be considered a new entry request, and therefore, your parents are at the mercy of the CBP officer who will see their prior entry and will most likely ask about the extension request. 


  4. This week, Murthy Law Firm attorneys will answer questions regarding nunc-pro-tunc filings that are requesting extensions or changes of status after an individual has fallen out of 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.


  5. This week, Murthy Law Firm attorneys will answer questions regarding starting the employment-based green card process when your H1B case was not picked in the lottery.       

    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.


  6. On 8/29/2020 at 11:58 AM, Tapan Chowdhury said:

    Q1- My earlier L1 Blanket petition was approved as Manager. Accordingly, I was in U.S for 4 1/4 years , 5 years back. My L1-A individual petition was declined on Sept 30, 2019 .Can I apply for L1-A individual petition or required to file L1-B as I am still a Manger with MNC-IT organization? When approved , will the L1 visa be for 7 years?

    Q2- I have EB2-140 approved. Does USCIS take into reckoning during processing L1-individual petition? 

    Q3- I am registered in H1-B cap . It is apparent there has been a second lottery in Aug 2020. Will USCIS have a third lottery?

    It is possible to reapply as an L1A or L1B. However, you will need to overcome the issues of the last denial, as is applicable. If you have been outside the U.S. for one full year or more, than you should be eligible for a new full period of time for the visa category. We cannot be sure if there will be an additional H1B lottery, however, it is doubtful. 


  7. On 8/20/2020 at 11:20 PM, anandkk2014 said:

    Hello,

    Thanks for holding this online QA session. 

    What are the consequences of a GC holder staying 7-8 months overseas for taking caring of older parents who are susceptible to COVID and require daily support during the lockdown? 

    Could this have any negative effect on my green card in the future ? 

    Thabks in advance.

    Anand

    This is a common issue due to the pandemic. Technically an absence of more than six months, but less than twelve months, there is a rebuttable presumption the green card has been abandoned. An absence of more than twelve months it is presumed abandoned. However, a lot depends on the circumstances of the specific situation. Accordingly, if someone is stuck outside it is advisable to discuss the situation with your attorney, or you can call our office. 


  8. This week, Murthy Law Firm attorneys will answer questions regarding L1A & L1B intracompany transfers.      

    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. On 8/7/2020 at 1:46 PM, newacct said:

    USCIS says that I-485 postmarked after July 29 and while the injunction is in effect should not include I-944, and I-539 and I-129 postmarked after July 29 and while the injunction is in effect should not include the public benefits information:

    If the injunction is later reversed, will USCIS issue RFEs to provide the I-944 or public benefits information for people who filed applications during this time?

    It is unlikely they will, however, we cannot be sure. 


  10. This week, Murthy Law Firm attorneys will answer questions regarding the injunction of the public charge rule.     

    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 8/1/2020 at 11:41 PM, desibanjara said:

    For current priority dates, what is the criteria for expired Medical? Does it strictly follow 24 months from the date the Civil Surgeon signed the medical certificate or is it dependent on the officer approving the Green card? Thanks

    A medical needs to be submitted to USCIS within sixty days of the civil surgeon's signature. The medical will then be valid for two years from the date USCIS receives the document. 


  12. On 7/31/2020 at 11:10 PM, nishchalgupta said:

    Would like to know when will Eb3 India Filing Date reach to feb 2011 ? What about Final Action date ? How much movement will take place in Oct 2020 in Final action date and in Filing date for EB3 India.

     

    Thanks

    NG

    Unfortunately, we cannot be sure how long it will take. 


  13. On 7/30/2020 at 9:13 PM, SivaRK said:

    Dear Team,

    What is the current average time it takes to receive GC on hand after EB1 Category for India becomes current in Aug 2020?

     

    It is too early to tell what the trend is at this time. However, generally, when an AOS is pre-adjudicated without the need for additional documentation, USCIS will take anywhere from one to three months to approve. Often it occurs within the first month, but not always.  


  14. This week, Murthy Law Firm attorneys will answer questions from those with current priority dates, or for those who expect to be current in the near future.    

    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.


  15. On 7/23/2020 at 2:00 PM, PersonWithQuery said:

    My I-140 was approved under EB1 category with priority date of Feb-2018 and 01-JUL-18  on bulletin makes me eligible to file I-485.
    As I moved back to india last year due to no approvals on L1A visa.

    Can I file I485 from India OR is it mandate to be there to apply for it?

     

    Thanks

    Adjustment of Status is only for those within the U.S. If you are abroad and will not be able to make it back to the U.S. to file for Adjustment of Status, you will need to convert your process to consular processing. 


  16. 13 hours ago, ervbs said:

    Changing to new employer on H1 with I140 approved for more than 2 years will have any effect on my spouse H4 EAD. H4 EAD will valid till july 2021??

    Off topic, but, the H4 EAD is tied to the individual maintaining H4 status, and the principal maintaining H1B status. The H4 is not employer-specific, only, status-specific. 


  17. On 7/24/2020 at 3:29 PM, Gurdutt said:

    Can we apply I-140 compelling circumstances EAD based on child's disability?

    Child is 3 yrs old and has rare neurological disorder and due to that H1b visa holder and h4 spouse is going through extreme hardship.

    Thanks

    Yes, it is possible. You need to describe why the compelling circumstance prevents the H1B holder from maintaining their status. 


  18. On 7/23/2020 at 9:53 PM, Prabhu Ravi said:

    Hello Attorney,

    Thanks for providing a forum to spread the vital required information.

    Would be helpful if you could clarify the following:
    1) If I-140 EAD could be applied when my priority date is 1 year away(EB 2 India) and I am awaiting for the current date indefinitely.

    2) Is there a time limit to be on I-140 EAD without job.

    3) Can i change job while in I-140 EAD? And does the new employer need to apply for PERM/I-140 process again in order to have valid I-140 EAD.

    Appreciate your clarification.

    Thanks

    1. There is not a requirement regarding how far off a priority date must be to request this type of EAD. 

    2. No. 

    3. Yes, you can change jobs. However, depending on your particular circumstances you may need a new PERM and I-140, but not in every instance. 

    It is best to discuss the specifics with one of our attorneys. 


  19. On 7/23/2020 at 9:26 PM, jppatel37 said:

    Is following individual eligible for EAD under compelling circumstances after approved I140

    Just separated from the firm which filed I140

    5 YEAR OLD kid with long term disability who is US citizen 

    Individual Indian citizen

    Wife isnt indian citizen

    This situation may fit the basis for the compelling circumstance EAD. However, it is advisable to discuss the option in detail over the phone with one of our attorneys before deciding to proceed. 


  20. This week, Murthy Law Firm attorneys will answer questions regarding the I-140 compelling circumstances EAD.  

    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.

     


  21. 15 hours ago, 97R said:

    Hi, Is USCIS processing Family based Green card (married to US citizen) at this time? I am waiting for my i-485 interview since October 2019. Is this a normal wait time for NY based application? When can i expect a call for interview?

    Yes, USCIS processing for this category has not changed. You will want to check to the processing times for your local USCIS office. However, waiting since October is normal, especially since COVID-19 caused a slow-down in work completion and a moratorium on interviews. 

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