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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 and filing for adjustment of status prior to the retrogression.    

    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. 18 hours ago, mek29 said:

    F1 ->HI B VISA  Consular processing questions: Need advise please..


    Current status- F1- day 1 CPT since Oct 2018, F1 Expires on May 2020.
    History: H1 B denied in 2017 with the same end client.

    Current Petition:

    H1 B applied via change of status petition and I have an employer-vendor-end client, received 3 RFE's.

    1. Speciality occupation 
    2. Employer-employee 
    3. Multiple years of practical training at same education level.

    Problem 1: Route 1: My Employer remains constant and and still employed with them, but my vendor and end client have changed after filing the petition as I have lost the contract. A(Employer)-> B(Vendor) - > C (End Client)

    I soon got another vendor and end client and got another project with the same role and responsibilities.

    So at the time of reception of the RFE, I now work in the below model.

    A(Same Employer) - > D(Different vendor)- > G( Different end client)

    Key point: Both the end clients C and G(New one) are from the same city Boston.

    So I came to know, that they might fall into the same MSA, and if they do fall into the same MSA then, we can respond to the RFE's of old client with new client documentation and request them to amend the LCA.

    IS this possible?

    The other way-route 2-, is that my employer has good business relationship with the old vendor(B) and they said they would help us out with Vendor letter stating that that position is still there and I am working there, and later can file for Amendment with new client details.

    Questions: 
     
    1. Is both end clients C, G being locacted in Boston city enough to justify that they belong to the same MSA?.
     
    2. Should I go for route 1 or route 2?

    Problem 2: I have received my canadian PR and I need to get it stamped before september. Hence if I travel outside while my case is still processing, my case would result in a change from change of status to consular processing.

    since I have received multiple years on same education level RFE- I heard that the best way for this to convert the case into consular processing.

    Question: 

    1. Should I convert my case into consular processing  while replying to the RFE within August 28(cut off date), premium was applied already, and get an approval by sept 15, then go to Canada and get my PR, then on OCT 1 go for consular processing in Canada or India and come back into the US on H1B.    (or)  if H1 denied by sept 15, then goto Canada, get PR and return back into the country on the F1 DAY 1 CPT stamped visa, which is valid till may 2020.?

    (or)

    Should I proceed my case with the existing change of status, get documents from university for the multiple years on same education level RFE, while replying to the RFE within August 28(cut off date), premium was applied already, and get an approval by sept 15, then go to Canada and get my PR, then on OCT 1 get a stamping appointment in Canada or India and come back into the US on H1B.  (or)  if H1 denied by sept 15, then goto Canada, get PR and return back into the country on the F1 DAY 1 CPT stamped visa, which is valid till may 2020?

    The guidance you are looking for is specific to your own personal circumstance that is better provided via a direct conversation with a qualified U.S. immigration attorney. Please call our office to speak with one of our many qualified attorneys.  


  3. On 7/2/2019 at 1:57 PM, meet141983 said:

    Hello,

    I have I 140 approved as of sept 2009 in EB3 category, presently I do not hold valid H1 VISA as my last petition expired as I never got answer for 221G I received. Can I apply for counsellor processing? 

    Yes, as long as the I-140 job offer is still available you can continue via the immigrant visa process. 


  4. This week, Murthy Law Firm attorneys will answer questions regarding physician issues, including J-1s and H1B cap exemptions.    

    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 consular processing.   

    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. This week, Murthy Law Firm attorneys will answer questions regarding the H1B cap-gap provisions.  

    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. On 6/13/2019 at 9:31 PM, Aditi B said:

    I saw today on visa bulletin, “Final action dates” for F2A- current for July 2019, but “dates for filing” as of March 08, 2019.

    Does it mean if I (legally maintaining my status in the United States) get married to a green card holder in the United States in July first week, can I file i130 and I-485 concurrently? What's the timeline to get GC-EAD and GC if I file for i-130 in July mid-2019?

    Can I travel outside the US while my i-130 and i-485 are in the process?

    This is a unique situation. According to the visa bulletin an immigrant visa is available, but USCIS has stated applicants must use dates for filing, which may not be current for an applicant. Accordingly, it is not clear at this time if USCIS will accept an AOS filing that is current in Section A of the visa bulletin, but not current in Section B. Regarding travel when an AOS is pending, it is generally advisable to have advance parole, however you should discuss these issues with an experienced attorney directly. 


  8. This week, Murthy Law Firm attorneys will answer questions related F2A current priority dates. 

    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 6/6/2019 at 10:37 PM, hms said:

    Thanks for your prompt response. Yes my question is related to CSPA calculation.

    Can you pl elaborate 'underlying I-140'. Do you mean the I-140 by the current employer ?

    In other words, one can't use previous employer's I-140 unless one joins them back. Is that right?

    Thanks again.

    The processing time of the I-140 petition that the adjustment of status application is based on. However, to discuss this in detail it is advisable to call our office and speak to one of our attorneys. 


  10. This week, Murthy Law Firm attorneys will answer questions related K-1 fiancé visas.

    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 6/3/2019 at 8:12 PM, crondeep said:

    Hello, I got an RFE for H1b with maintaining of status and CPT. 

     

    Here is the list of documents they are asking and the complete RFE. Do you know anyone who has got the same rfe and got their petition approved after it.

    image
    Full Course of Study

    Copies of all pages of all SEVIS Certificates of Eligibility for Nonimmigrant Student Status (Forms 1-20) issued to the beneficiary from xxx University;
    Official copies of the beneficiary’s transcripts issued by xxxx University;
    Copies of degrees and/or certificates issued to the beneficiary showing course completions;
    Receipts for tuition payments made by the beneficiary to xxxxx University;
    Receipts for books, parking passes, and school supplies, for the period of time that the beneficiary was a student at xxxxx University;
    The beneficiary’s student ID for xxxxx University;
    The beneficiary’s course syllabi or outlines for his program at xxxxx University;
    Documentary evidence to show that the beneficiary was physically attending the courses in which he was enrolled, including transportation receipts, confirmed transportation reservations, attendance records, etc.;
    Evidence of the beneficiary’s U.S. residence (utility bills, rental contracts or receipts, etc.);
    Evidence showing the number of online or distance education class credits the beneficiary was/is enrolled in for each session, term, semester, trimester, or quarter of study, for the duration of the time he was a student at xxxxx University;
    Evidence to show the beneficiary is or was making progress toward completion of a program of study;
    Any other documentary evidence to establish the beneficiary has been engaged in a full course of study and working towards program completion.

    Curricular Practical Training

    Evidence that the beneficiary’s CPT work authorization is or was directly related to his or her major area of study.
    The name of the course and course code in which the beneficiary is or was enrolled that requires CPT;
    Documentary evidence that immediate participation CPT work authorization was required for the beneficiary’s studies;
    cid:image001.png@01D51A2A.5229FE10Documentary evidence establishing both the beneficiary’s current major and that CPT is/was an integral (essential) part of the beneficiary’s degree program at xxxxx University;
    Evidence of the cooperative agreement(s) between Hilton and xxxxx University
    Detailed information explaining how the beneficiary obtained CPT employment at Hilton Worldwide; whether individually, through the school, or through an outside company or consultancy;

    Multiple Years of Practical Training at Same Education Level

    It appears that the beneficiary was granted more than 12 months of practical training at the same educational level. Specifically, he previously attended xxxxx State University and was granted optional training after the beneficiary completed his Master’s degree in Electrical Engineering. Follow the completion of his STEM OPT work authorization, he appears to have enrolled at xxxxx University and was granted curricular practical training to complete a subsequent Master’s degree in Computer/Information Technology Services Administration and Management, valid from January 7, 2019 to May 17, 2019.

    Please provide detailed information cid:image003.png@01D51A2A.5229FE10cid:image004.png@01D51A2A.5229FE10to support the beneficiary’s need for additional practical training at the same educational level.

    This is a very common RFE template. Feel free to call our to discuss the specifics of your case. 


  12. On 6/4/2019 at 9:55 PM, hms said:

    Hi

    If one has two I-140s. for calculating the grace period can any I-140 be taken?

    If first I-140 (with previous employer, not cancelled) approval took 3 months and second I-140 (current approval) takes 5 months, can I consider second I-140?

    Note - Priority date would be ported to second I-140.

    Thanks

    If your question is regarding the amount of time you can use in the CSPA calculation, it would be the processing time of the underlying I-140 petition the immigrant application is based on. 


  13. On 5/24/2019 at 6:03 PM, abeeshake said:

    How long has it been taking to receive an EAD after the biometrics appointment is complete? What are the factors that play into receiving a Green Card once the EAD is received?

    EAD processing time is based on where is it being processed, however generally it is taking between five to eight months. You should also be aware EAD work authorization has nothing to do with the processing time of an AOS. 


  14. On 5/24/2019 at 2:44 PM, arunsn25 said:

    Hello,

    I'm on EAD/AP (no longer on H-1B). My future spouse is in India. What are the options available to us so that my future spouse and I can be together in the US while I wait on the approval my Adjustment of Status? My Priority Date is April 5th, 2010.

    Thank you.

    You may need to get back into H1B status so that your spouse can obtain an H4. Call our office to discuss your situation in detail. 


  15. On 5/24/2019 at 2:31 PM, Kaju said:

    I have approved EAD/AP and it was based on L1A. My L1A extension got rejected.

    1. Can I continue to stay on EAD/AP and travel in and out of country freely on valid EAD/AP with out hassles.

    2.  Can I switch job out of current employer with EAD/AP considering that my original I-140 was based on L1A and now extension is rejected recently.

     

    It is not clear from your explanation exactly what your situation is. However, assuming you mean your EAD/AP is based on a pending AOS and your I-140 is an EB1C, the L1A extension denial will not invalidate a pending AOS or I-140. Accordingly, your EAD/AP will still be valid. Nonetheless, it is advisable to call our office to clarify your situation. 


  16. On 5/24/2019 at 1:35 PM, maggieagonistes said:

    I received an EAD/AP combo card as part of my adjustment of status application through my marriage to a U.S. citizen. Because my case has been pending for quite some time, I would now like to renew both documents. When I submit my renewal applications and if they are approved, will I be issued a new EAD/AP combo card, or will they send me just an EAD and a separate Advance Parole document?

    If you are applying for the EAD/AP concurrently, the USCIS will typically issue a combination card. 


  17. On 5/24/2019 at 8:42 AM, Dinu24 said:

    I have been on EAD/AP since 2010, and have also had a H1B. I would like to quit my current job and start a business of my own, which may not be very similar to my current work. My current EAD/AP expires in Jan 2020.

    1. Can I and my wife apply for EAD/AP without having an employer, perhaps in the process of starting my own business?

    2. Any advice on what I can do to retain my priority date and not jeopardize my green card approval?

    The EAD allows you and your wife to accept any lawful employment in the U.S., technically, even for your own business. However, in regards to the green card application it is advisable you speak with an experienced U.S. immigration attorney prior to making any decisions. 


  18. This week, Murthy Law Firm attorneys will answer questions related to working pursuant to EADs and travelling based on advance parole. 

    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. This week, Murthy Law Firm attorneys will answer questions regarding the Child Status Protection Act. 

    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. 17 hours ago, Vahan said:

    I am currently working with Employer A on H4-EAD. Employer A filed for my H1-B, and my petition was selected in the lottery (receipt notice was received this month). At this point I am thinking of  relocating and working for employer B. Given the uncertainty around the H-4 EAD, I would like to move to H1B as well.

    Questions:

    1. What would be the best way to change employer at this point in the year while also ensuring I do not lose my H1B petition?

    2. Should I file H1B under premium processing?

    3. I would like to change my job before Oct and move to H1B as well is there any risk?

    You should schedule a time to speak with one of our attorneys prior to making any decisions. 


  21. On 5/13/2019 at 6:50 AM, gsnit said:

    I have I-140 Approved by company A. I joined Company B with that I-140 and got H1B extended for 3 years and my PERM is in Progress with Company B. I have an offer from Company C. Can company C extend my H1B with Company A's I-140? Does 180 day rule apply for Company B, in case my I-140 gets approved through Company B? 

    Provided the I-140 with company A was valid for at least 180 days and, if withdrawn, not prior to January 17, 2017, you can use that I-140 with company C to request H1B time beyond the normal six year limitation (and provided your priority date is not current). 


  22. On 5/10/2019 at 11:22 AM, inbhagan said:

    Is it possible to amend I-140 approval from EB2 to EB3 category without going thru new PERM process?

    Yes, as long as the job offer is still valid with that I-140 sponsor, generally someone with an approved I-140 for EB2 can refile the I-140 and request EB3. 

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