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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 H2A and H2B programs.     

    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. This week, Murthy Law Firm attorneys will answer questions regarding OPT for F-1 students.     

    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.
     


  3. This week, Murthy Law Firm attorneys will answer questions regarding physician issues, including waivers, 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.
     


  4. On 10/29/2019 at 10:18 PM, Soundrav said:

    Hello,

    I am on H1-B since October 2019 with employer A currently and have a job offer from employer B. 

    1. I can provide the latest 3 paystubs for H1-b transfer. However, only the most recent paystub will reflect the salary for h1 position since I am on h1 only from October 2019. Is this ok?
    2. If the H1-b is transfer is initiated, will employer A know of this through company A's attorney or USCIS or through any other source?
    3. Does H1-b transfer petitions get rejected? If yes, will employer A know of this?
    3. Do I have to stop working for employer A immediately once the H1-b is transferred to employer B? Employer A has a notice period of 2 weeks. Is it ok to work for the 2-week period for employer A even after the transfer is complete?
    4. Can a H1-b employer take any action on the employee for leaving the organization since employer filed for the employee's h1?
    5. Does the frequency of switching jobs on H1 matter?
    6. The job title (just the literal job title) with employer B is not exactly the same as the one my h1 is approved for. However, the job profiles are very similar. Would this be an issue during transfer?

     

    Thank you.

    Due to the number of specific questions, it is advisable to schedule a call with one of our attorneys to discuss your particular situation. 


  5. On 10/29/2019 at 3:20 PM, bmahekb said:

    I have an approved I-140 with my current employer EB2-April 2011.  I  am planning to change and Got my H1 Transfer completed with a new employer.  Can you confirm if my I-140 Priority date will be retained with new employer when they file Perm , I-140 process after 6 months of joining ?  if current employer withdraws I-140, will that impact retaining my Priority date to new I-140 under new employer?

    Need your inputs on this.

    Also if S386 passes,  how would it impact me  in terms of Priority date movement Eb2-India? Will I still need to go through Perm, I-140 process with new employer before able to file I-485? Thank You

     

     

    An earlier priority date can be retained (with some limited exceptions) even if the prior employer withdraws the previously approved I-140 petition. Until the bill is finalized we cannot be sure how it will affect EB2 Inda movement. 


  6. On 10/26/2019 at 7:06 AM, Amsy said:

    Hi

     I have an approved I 140 under the EB1B category from employer A. If I change employers and apply for I140 under EB2. Do I get to keep my priority date from the EB1B application provided employer A doesn’t revoke it.

    thanks

    You can retain an earlier priority date from an approved EB1B petition in a new EB2 petition. 


  7. On 10/25/2019 at 1:39 PM, Ramya39 said:

    My Perm is approved and I 140 is timely filed within PERM validity period. An RFE was issued on Ability to pay and employer has withdrawn my I 140 before approval. Can I retain priority date if same employer files I 140 again? What are chances of approval? And does my employer need to prove RFE issued when I 140 was filed intially about 2 years ago?

    If the new I-140 petition is based on the previously certified PERM application the PERM's priority date can be retained.  The employer will still need to prove their ability to pay since the priority date in the new filing. 


  8. On 10/24/2019 at 4:29 PM, So_Kor said:

    I have approved an I-140 from employer A and I am looking to move to employer B, can you please help me answer the following questions,

    1. What happens if I move to employer B before 180 days of I-140 approval? and what does it mean if it’s revoked and it is the impact on my stay in US.
    2. What happens if I move to employer B after 180 days of I-140 approval? and can it be revoked after 180 days of approval or can it be only withdrawn.
    3. If employer B does H1B transfer and it’s approved based on my approved I-140 from employer A after I join employer B and once employer A withdraws or revokes my I-140 , does this impact my approved H1B petition with employer B?
    4. Can it be revoked after 180 days of approval under any condition and what happens if it's revoked , is my priority date retained and can I use the I-140 for my further H1B extensions?

    Generally, an approved I-140 petition provides a basis for H1B time beyond the normal six year limitation. This is also true if the I-140 was withdrawn after it had been approved for 180 days. However, to discuss your specific personal concerns and questions, it is advisable to speak directly with one of our attorneys. 


  9. On 10/24/2019 at 2:34 PM, Sofia Christopher said:

    If an H1B holder who's I140 approved and 6 years period ending in 6 months can transfer or switch company at this time ? Can I140 approval helps in transfer process of H1B or he/she only get the period of approval only till H1B 6 years validity. How the extension after 6 years ending works Since the future employer may not get the Green Card of the employee at that time. 

    Kindly advice and let me know if need any clarification.

    A valid and approved I-140 Petition can be used to request H1B time beyond the normal six-year limitation , even when the new H1B petition is with a different employer. However, there may be other concerns and therefore it is advisable to speak with an experienced U.S. immigration prior to making any decisions. 


  10. This week, Murthy Law Firm attorneys will answer questions regarding I-140 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.


  11. 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.
     


  12. 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.   


  13. On 10/15/2019 at 1:32 PM, gansun said:

    I am planning to enroll my daughter in NY - Child Health Plus. Do I need to pay the full premium or can I take premium subsidy?

    This is a fact-specific question that requires a discussion regarding the parameters and requirements for the program and eligibility for the subsidy. 


  14. 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".   


  15. 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.
     


  16. 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/


  17. 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.
     


  18. 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.
     


  19. 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. 

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