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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 impact of marijuana and other criminal matters on immigration.        

    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 4/5/2019 at 10:13 AM, heretolearn said:

    I am an Indian national (born outside of India). I currently have a valid H1-B (3 years remaining out of the first 6 years). I also have an employment-based green card application ongoing. My I140 (with Priority date being current)  is approved and I have filed my I485 (AOS ) application. Its been 8 months since the AOS filing and am waiting for the interview. I am considering a change in employment. I had the following questions:

    a)       Could I change my employer now at this stage of the process? If I could what are the consequences of the same to my pending AOS application?

    b)      If I change my employer, do I have to look for a job with similar responsibilities as to my current role?

    You need to be sure the new position will qualify for AC21. 


  3. On 4/5/2019 at 5:06 AM, Jay shah said:

    Hi

    I have panding 485,my date is current.  We filled 485 in feb 2007 employment base EB 3 category. On feb 2018 we submitted RFE for green card.after that we didn't receive any thing. We file case inquiry several time. Each time we recived standard answer that case is under investigation. We file with senator. Same answer. We file with ombudsman for case 4 months back.no ans yet. What are my options now.

    We think about fedral law suit. Some sugest that may go against you.

    Please advice next step.

    Ombudsman requests are taking a very long time, however you will eventually get a response. A mandamus lawsuit can be helpful, but it does not always mean you will obtain an approval, only that you will get an adjudication. To discuss this in detail it may be worth calling our office to discuss the specifics of your situation. Also send the RFE prior to the call so our attorneys can review the request.  


  4. On 4/11/2019 at 11:12 PM, karthik2211 said:

    Hi , 

    If my employer pays for the GC processing and inturn if I had to sign a contract with them , is that leagal to sign the contract terms ?

    I can only address the immigration law related aspect of your question: The employer is required to pay for all costs associated with the labor certification portion of your green card. 


  5. On 4/4/2019 at 9:27 PM, boone said:

    I have an F2B petition with a priority date of May 2012. My employer just recently filed a petition for EB3 and the priority date is October 2018. Should I do something about my family petition (like withdraw or something like that) when it's time to file the change of status on my employment based green card petition? The country is Philippines.

    It is acceptable to have both a family-based and an employment-based case pending at the same time. Therefore, it is not necessary to withdraw the family-based case.  


  6. This week, Murthy Law Firm attorneys will answer questions regarding an employer’s ability to pay obligation and how, as a beneficiary of a labor certification, you need to be aware of these issues.       

    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 family-based immigrant petitions when an employment-based immigrant petition is pending.      

    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. A frequent misconception is that an individual needs to be in H1B status or in the U.S. to start the PERM green card process. This is not true, the PERM green card process is a future offer of employment. Therefore, it is not necessary to be in H1B status first, or in the U.S. Generally, it is advisable to start the green card process as soon as you can. Thus, if you have an employer willing to sponsor you, you should speak with an attorney to discuss the nuances.  


  9. This week, Murthy Law Firm attorneys will answer questions regarding starting the green card process when your H1B cap case is pending.     

    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. Cap-Gap 

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

    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 premium 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.
     


  12. On 3/8/2019 at 1:57 PM, Pra112 said:

    Hi,

    My GC is filed under EB-1 C Category with multinational manager duties. I currently have both EAD & L1-A visa.

    My GC interview was completed last October waiting for priority date to become current. It might become current around Jan 2020.

    1. Can i change company on EAD?
    2. Do we need to inform USCIS about job change through AC21?
    3. what happens if new company  files AC 21 with some other job duties?

    Thanks!!

    You can utilize an EAD to change employers, however filing an AC21 notification to USCIS is still not required unless specifically requested by USCIS (such as an RFE). Before making any changes it is advisable to confirm the new position is same/similar as required for AC21.  


  13. On 3/8/2019 at 12:10 PM, Athadu_hello said:

    I got my GC EAD in 2015. After 8 months, I moved to new employer using EVL since there was no 485j at that time.

    Few months ago, I got 485j RFE and it's approved after attorney response.

    Current date is 4 weeks behind to my priority date. I planning to change employer again now.

    Is it OK to change employer now using new 485j? Do you see any complexity with this?

    It is permissible to utilize AC21 multiple times. 


  14. On 3/7/2019 at 9:29 PM, RNP2799 said:

     

    I am working for employer "A" which has two office location in West Coast and East Coast, My Perm, I-140 has been filed and approved from East coast location. There are job openings with my current employer "A" in West Coast location with same Job title and job responsibility I am currently working in East Coast Location. Can you please clarify below points.

    1. If I move from East coast to West coast, as there is change of work location with same employer "A" do I need to file AC21.?

    2. Do I need to file 485J again for West Location along with AC21.?  I have already filed 485J for East Coast Location.

    3. With in how many days I need to inform USCIS about my change of Job location (AC21).

    4. Is AC21 replaced with 485J.? or both same.

     

    Thank you.

    RNP.

    Your flexibility depends on how the labor certification was prepared and/or if you have a pending AOS. If you have a pending AOS you may be able to utilize AC21. It is advisable to discuss your specific circumstance directly with a U.S. immigration attorney. 


  15. On 3/1/2019 at 4:24 PM, NYC2016 said:

    If a green card holder is on re-entry permit but ends up spending substantial time in US, will that time period be considered towards the completion of 31 months

    If you are referring to the physical presence requirements for naturalization, possessing a re-entry permit does not change the analysis. However, you should discuss the specifics of your time out of the U.S. directly with a U.S. immigration attorney to explore any potential issues. 


  16. On 3/1/2019 at 10:59 AM, okkiran said:

    Hi, Can someone who get Green Card through Employer via. H1B do "work from home" abroad for the same employer for 6 months (approx.) in India (or their native country) and 6 months (approx.) at the employer location? Making sure they are not staying abroad for more than 6 months  and by doing this for 5 years or More. so that they can eventually apply for citizenship after 5 years of getting their GC date.

    Thanks a lot,

    There are potential issues with this proposed plan and it is best to speak to your immigration attorney directly about it. 


  17. This week, Murthy Law Firm attorneys will answer questions regarding AC21 portability issues.   

    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. On 2/28/2019 at 11:00 PM, Spur said:

    Q1. Will it be an issue/problem if a green Card holder (GC through H1B, employer based) avails Public benefits like Medicaid and/or unemployment benefits ?

    Medicaid is not generally considered a public benefit that would make an individual inadmissible. However, you can find more information detailed in the fact sheet on the USCIS website: https://www.uscis.gov/news/fact-sheets/public-charge-fact-sheet

     


  19. This week, Murthy Law Firm attorneys will answer questions regarding extended travel abroad after receiving your green card.  

    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. On 2/22/2019 at 6:21 AM, Stuckalot said:

    My spouse has completed her 6 years on H1B and is currently on H4EAD which expires in 2021 and is currently working for an employer. If her employer files for her GC process directly and if the H4EAD is revoked, can she continue to work since her employer has filed for GC? Will she have to leave US for a year to get her H1B filed again? I guess my main question is what can we do so she doesn't have to leave US if the employer is willing to do GC?

    She may be able to receive H1B time beyond the normal six year limitation. Feel free to call our office to discuss her options in detail. 


  21. On 2/22/2019 at 12:43 AM, Rajp4321 said:

    We are about to apply for extension of H1 and H4 EAD? what happens to these applications when final rule is published

    Until the proposed rule is published we cannot be sure how the Administration wants to proceed in that instance.  


  22. On 2/21/2019 at 11:59 PM, client1 said:

    hi

    I am planning to apply H4-EAD to my wife along with my H1B extension petition in premium processing. Her OPT expires this September. If she can't get through the lottery, she has to to resign and quit from her company. To avoid that scenario,

    a. Is it safe to apply her H4-EAD now and try her luck for FY20 cap ? (This is due to the fact that today USCIS submitted OMB the proposal to rescind H4 EAD) 

                            (or)

    b. better wait till the lottery result and then apply H4-EAD during June time frame?   (not sure if H4-EAD will be rescinded before June-Sept period)   

    It is advisable to call our office to discuss the details of your options over the phone. 


  23. On 2/21/2019 at 9:00 PM, Swaruk said:

    Can I apply H4 EAD along with my husband's H1-B extension (premium)? If yes, what is the process?

    Yes, you can concurrently file an H4EAD request with an H1B and H4 extension filing. 

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