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Attorney_15

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About Attorney_15

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  1. Attorney_15

    Laid off before 180 days of 485 filing

    It is safer to re-start the Green Card from PERM to get a new I-140 that can be interfiled with the I-485. There can be problems with the I-485, such as denial. When USCIS gets a withdrawal of an I-140 Petition when the I-485 has been pending for less than 180 days, USCIS will likely just deny the I-485 application because there is no AC21 Green Card portability. As technically, the Green Card is for future employment, if there was a possibility that the employer would take the worker back in this situation if the AOS was suddenly approved, then there might be an argument to be made that all is fine. However, such questions may not arise until well into the future and even years later upon USCIS identifying the end of one's employment being before 180 days, at that time one would have to prove the existence of a job offer from the petitioner until 180 days. It is therefore safest to maintain H1B status as long as possible and have the new employer proceed with a new PERM and I-140 Petition.
  2. Attorney_15

    485J-AC21 Green card processing

    AC21 Green Card portability is available with the I-140 approved and the I-485 pending 180 days. When an I-140 Petition is filed as a downgrade, the beneficiary normally must wait for the I-140 to be approved. While often USCIS can just approve the I-140 without any more questions, it does happen periodically that an RFE will be issued with question from USCIS. If someone does not wait for the approval of the I-140 Petition and the employer does not respond to an RFE or withdraws it before being approved, the I-485 Application will normally be denied by USCIS. While there is USCIS guidance on AC21 even when the I-140 is withdrawn, they normally ignore that section of the guidance and deny the I-485 Application.
  3. Attorney_15

    No update after 15 days on premium processing

    If your H1B case is in Premium Processing, but you are not sure if the RFE has been delivered, the available options are to re-submit it or have the employer or the attorney contact USCIS at the Premium Processing unit to try and find out if it's been received or not before re-sending it. USCIS will generally not provide information or respond to emails sent to the Premium Processing unit by the H1B's beneficiary,
  4. Generally, an employer can file an H1B based on the I-140 Petition even when the Beneficiary is in India. There really wouldn't normally be any issue that should come up because the Beneficiary is in India. If you and your employer are interested in hiring Murthy Law Firm you can reach out to us by phone, law@murthy.com, or use the Chat on our website to find out about getting a legal agreement to hire us to help you and your employer.
  5. Attorney_15

    What covers under premium H1 B processing

    USCIS no longer processes the H4 and EAD with the H1B. Only the H1B gets the 15 day processing.
  6. Attorney_15

    7th year extension denied

    Someone who has an approved I-140 Petition does qualify for the H1B extensions and an employer can use this feature to file an H1B Petition for the beneficiary who is outside the United States. While currently the pandemic spike of cases in India makes getting a visa more challenging, this would therefore probably be the ideal time to spend of getting a petition filed and approved.
  7. Attorney_15

    F1 Visa revocation section.

    This section is a health related ground of inadmissibility. While each situation varies, Department of State has been - for some time now - revoking visas when someone has an alcohol-related arrest even if there is no conviction for a crime. They do this to compel the individual to go through a screening process - as part of the visa application process - for possible alcoholism.
  8. Attorney_15

    Work on Advanced Parole (No EAD)

    The information you found in the 2008 article is still the same kind of advice the lawyers at Murthy Law Firm normally provide to someone in your situation.
  9. This is a very unfortunate situation! Your Questions: (1) Generally, the "denial" question is asking about denials at the Consulate, so a 214b or even 221g refusal of a visa application means the applicant must answer Yes to that question. (2) At this point in time, the Consulates are limiting or cancelling appointments but it's best to be honest in the situation. Generally, a stay of up to 6 months is what a person is eligible for when they enter the United States, so asking for a later day may not help. If someone in this situation gets asked about the prior stay, being able to explain that it was due to unanticipated events should be helpful. (3) If a B Visa application is submitted to the Consulate after a I-130 Petition is filed, then the applicant must answer Yes to the question about whether a visa petition has been filed. If the B Visa is issued and the person is traveling to the US while the I-130 Petition is pending with USCIS, then the CBP may ask questions. The only way to prepare to respond to such questions and have the I-130 Petition and travel to the US on B Visa, is for the I-130 Petition to be filed for Consular Processing and with the B Visa parent not filing an I-485 Application. If you have more questions for specific legal advice, I recommend scheduling a standard phone consultation with a Murthy Law Firm lawyer. If you are interested in hiring Murthy Law Firm to represent you with preparing and filing the I-130 Petition for your father's Green Card Case (for Consular Processing), you can contact us by email: law@murthy.com or using the Chat feature on Murthy.com.
  10. Attorney_15

    RFE on I-140 Downgrade

    If the PERM has the "travel/relocate" language, then there is an argument to be made that working at a new client location is ok, IF the employer's main office or HQ is the same or within the same MSA as the original location. Normally, when a PERM is done with "travel/relocate" language, the recruitment for the case is done at the employer's HQ or main office with that address listed as the primary worksite. If the primary worksite was instead the client location (of that time period), it's harder to make this argument. Murthy Law Firm has dealt with this issue and variations on it for many years. If you wish to see whether Murthy Law Firm can help you and your company respond to the RFE, you can contact us online at law@murthy.com or via the Chat feature on Murthy.com. I hope that this has been helpful.
  11. Attorney_15

    RFE on 485J

    USCIS has been known to issue such RFEs from time to time. The idea is generally to just respond with the documents requested to verify the bona fide nature of the employer.
  12. Attorney_15

    RFE on 485J

    USCIS has been known to issue such RFEs from time to time.
  13. Attorney_15

    H4 Extension RFE on principal alien nonimmigrant status

    It sounds like no evidence of the principal alien's status was included when filing the H4. Generally if there is no problem identified by USCIS and the specific items that are requested can be provided, it is best to give USCIS exactly what they are asking for.
  14. Only a company with at least 100 employees qualifies to use such a letter. Even then, however, USCIS can still request the tax returns to verify the existence of the employer's ability to pay the offered salary.
  15. Attorney_15

    Four months no receipt for i140 regular processing

    If the check for an I140 filing has not been cashed it is quite possible that the package has been lost and USCIS itself will likely have no record of receiving it. One should both contact the Lockbox (if not already done) and explore what can be done as regards re-filing especially if it is still within the 180 day validity period of the Labor Certification. You can reach an attorney at Murthy Law Firm by scheduling a standard consultation: https://www.murthy.com/consultations/.
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