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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 starting 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.


  2. On 5/23/2020 at 1:56 PM, Mow57 said:

    Me and wife entered USA on B2 Visa on 01/30/2020. We are not sure if flights back to India will resume before expiry of our entry valid till 07/29/2020. How can we request for extension and chances of its approval

    If there are still travel restrictions that prevent you from obtaining a flight back to your home country, USCIS should be considering those as positive factors for the approval. 


  3. On 5/21/2020 at 10:11 PM, inconsistency said:

    Can one mention the need for extended time looking for employment opportunity beyond the 60 days grace period in the B-2 COS application after layoff? Is this a legitimate need? Or will USCIS deny such applications based on incompatibility with the intent of B-2 visa?

    As in life, it is often not what you say, but how you say it. Therefore, a B2 COS due to layoff may be acceptable in this environment, but how you explain the request may make all the difference. We have attorneys working on such applications, and therefore, it may be worth your time speaking to one of them.  


  4. This week, Murthy Law Firm attorneys will answer questions regarding changes of status to B-2 due to complications caused by the COVID-19 pandemic.

    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 5/15/2020 at 3:17 AM, Dalz78 said:

    Dad got approved his greencard from his father last year. He is 45 years old. In his DS260, he added his 2 children from divorced marriage and wriote they would join him in the future immigrate to america. How can he apply for them to join his petition or does he need to apply for an I130 for his kids from scratch? We are are 17 and 19.  Please confirm what the correct process is? Also what does ambassy ask to see with divorced kids from our mum?  

    Generally, a family-based preference petition allows for derivative beneficiaries. However, the logistics of doing so can change based on the circumstances of the family and where you are in the process. Accordingly, it is advisable to speak to an immigration attorney knowledgeable in this area.


  6. On 5/14/2020 at 9:30 PM, Perseverance317 said:

    I applied for my mother’s I130 extension in April a bit earlier than the 45 day mark before intended departure (considering USCIS offices are presently closed). Her departure was supposed to be June end although she has her I94 till July end. Since all flights were cancelled effective immediately to India I did not submit any return ticket as proof of return. Moreover we aren’t sure what the immediate future looks like given the viral situation. However, the documents sent included bank statements of son/mine which has ample proof of financial support and proof of address of stay as well. The application letter also is explicit stating the reason is because of COVID 19. Please confirm if this is OK and if she can stay here with me even after July I94 expiry date since she already has the renewal receipt from USCIS? 

    Since you are looking for legal advise regarding your particular case, it is advisable to call our office to discuss this in detail. Moreover, based on the facts described above, I strongly advise you speak with an immigration attorney as soon as possible to make sure you have not missed any vital requirements of the filing based on your desired outcome. 


  7. 23 hours ago, Mahesh598 said:

    Hello, what are the valid compelling circumstances to apply for I140 EAD if an employer lay offs?

    Thank you for your advise.

    A layoff and sudden down turn of the economy due to the COVID-19 pandemic may be a compelling circumstance. Due to the serious nature of these filings, it is advisable to call our office and speak to one of our attorneys prior to deciding how to proceed. 


  8. This week, Murthy Law Firm attorneys will answer questions regarding humanitarian 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.


  9. On 5/2/2020 at 7:23 PM, free said:

    Hello,

    Is the I140 EAD under compelling circumstances valid even if my I140 was filed by my previous employer and was withdrawn 180 days after approval? My current employer is still in the process of apply for an I140 for me.

    Yes, the I-140 should still be valid for this purpose. 


  10. 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.


  11. On 4/25/2020 at 10:27 PM, snijeesh said:

    I have filed my I-140 and it is in process and my H1B visa will max out on Jun 5th 2020 and I loose my status from that day since I dont have any option to travel back to India because of travel restrictions. Is there any way I can extend  my H1B visa further in this scenario? Or is here any other option to keep my status and work after this date?

    The only other option is to extend based on your labor certification being filed more than one year ago. If that is not applicable, you may need to consider other changes of status. Call our office to discuss options that may be available to you. 


  12. On 4/17/2020 at 10:20 AM, ravi321 said:

    Hi ,

    My H1B Visa is maxing out by 4/30/2020.I am unable to travel back to India with family due to COVID-19 travel ban to India. I came across the USCIS announcement about filing extensions due to COVID-19 Delays in Extension/Change of Status Filings, is this announcement applicable to my situation.

    https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

    What other option I have to stay in US until the COVID-19 situation is resolved.

    You may have options, but there is not a provision for H1B extensions beyond the normal six year limitation due to COVID-19. It is advisable to speak with one of our attorney to discuss what options may be available to you.  


  13. On 4/17/2020 at 9:29 AM, SusanN said:

    Hi,

    Does temporary travel outside the United States affect my legal permanent resident status? A general guide used is whether you have been absent from the United States for more than a year. As a result of Covid-19 is this relaxed or still set to 1 year limit for temporary travel outside the United States?

    Thanks

    The laws have not changed in this regard, either for six months but less than one year being a rebuttal presumption, or the presumed standard for one year or more. 


  14. On 4/14/2020 at 3:29 PM, PrasadKintali said:

    What is the step by step process followed and time taken for each after wage determination has been received from DOL

    Below is mine and one of my friend timelines from PWD to I-140 approval. You can always track the general timelines for PWD and PERM at https://icert.doleta.gov/index.cfm?event=ehGeneral.dspProcessingTimes.

           Friend          Mine
    PWD Dec'16 Apr'17 May'18 Sep'18
    Adver Jun'17 Aug'17 Oct'18 Apr'19
    Perm Dec'17 May'18 May'19 Jul'19
    I140 Jul'18 Aug'18 Sep'19 Oct'19

    Both the PWD and the adjudication of the PERM is based on DOL processing times that change frequently. Recruitment is based on regulation that lists it as no shorter than 60 days. I-140 processing also depends on USCIS processing times, however, can be premium processed. 


  15. This week, Murthy Law Firm attorneys will answer questions regarding how COVID-19 is affecting immigration processes.  

    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 4/6/2020 at 1:16 PM, guest303 said:

    We have filed for H1B, H4 and H4EAD extension beginning of March. We had an appointment scheduled on April 2 for Biometrics but USCIS offices were closed and have not received a rescheduled appointment letter. What should we do?

    There is nothing you need to do but wait. Once the moratorium on in-person appointments is lifted USCIS will reschedule the appointments. 


  17. On 4/7/2020 at 5:15 PM, rupeshrajagopalan said:

    Hello,

    I got laid off Friday Apr 3rd due to Covid-19. I have my GC EAD. I wanted to know if I can avail of unemployment benefits till I get a new job in this difficult situation. Will it be a public charge on my GC application?

    Unemployment benefits are not considered in the public charge analysis. 


  18. 17 hours ago, dnanamerp said:

    What is the impact of reduced work hours (furlough)on h1b status in this COVID 19 crisis? Are employers not obliged to pay minimum 35 hours per week of wage to h1b employee in this situation?

    Employers are required to pay the salary as stated on the H1B petition. Any reduction in salary or hours may result in the need to file an H1B amendment petition. Due to the sensitivity of the current situation and your specific circumstances, it is advisable to contact our office and speak with one of our H1B attorneys. 


  19. On 4/10/2020 at 10:35 PM, Lavila said:

    What is the step by step process followed and time taken for each after wage determination has been received from DOL

    Generally, after the PWD is obtained, recruitment begins and is a period of time no less than 60 days. Once the PERM is filed, DOL will process pursuant to their stated processing times. At the moment, it is approximately five months, if the application is not audited. 


  20. 20 hours ago, ssb7 said:

    Hello esteemed Attorney team,

    Can you kindly please have a look at my scenario and let me the the best options i have:

    • My job got laid off in the first week of December, 2019. H1 B is not revoked and the I 94 date is upto 10/2020.
    • Got my next job in the last week of February, 2020.
    • The H1 transfer was applied and got my approval notice document( I-797B) on March 9, 2020

    In my current situation, can i apply for extension of status(I-94) for a couple of months (3 months to 6 months) till things get stabilized and then travel to India and get my approved H1B stamped.

    Can you also please kindly let me know, if the 60 days grace period for H1B job loss is extended to 180 days as per a couple of requests(petitions) submitted to USCIS will my approved H1 I 797B  application be considered as a valid one to work here without being needed to travel to India for stamping.

    It is best for you to speak to one of our H1B attorneys on a paid consult to discuss your unique circumstances. 


  21. On 4/7/2020 at 5:15 PM, rupeshrajagopalan said:

    Hello,

     

    I got laid off Friday Apr 3rd due to Covid-19. I have my GC EAD. I wanted to know if I can avail of unemployment benefits till I get a new job in this difficult situation. Will it be a public charge on my GC application?

    Unemployment insurance benefits will not be considered in a public charge analysis. However, your eligibility to collect is primarily based on State requirements, and each State may have difference exceptions. You will need to look into that separately. 


  22. This week, Murthy Law Firm attorneys will answer questions regarding the PERM labor certification 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.


  23. This week, Murthy Law Firm attorneys will answer questions regarding status issues following layoff.   

    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.

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