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25 Apr 2024

Murthy Success Story: NIW Approval for Expert in Public Safety Technology

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning,...

05:39 / EB2 National Interest Waiver / Employment Based / For Individuals / NewsBrief / Resident / Success Story
18 Apr 2024

I am in H1B status with a pending I-485 application. I just received my EAD card based on my pending I-485. Do need to switch my work authorization to my EAD?

Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...

07:21 / Employment Based / FAQs / For Individuals / H1B / Resident / Worker
18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:18 / Employment Based / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Resident / Worker
04 Apr 2024

Murthy Snapshot: USCIS Increases Automatic Extension for Certain EAD Renewals

The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you...

17:27 / For Families / For Individuals / H-4 Dependents / Immigrant Family / L-2 Dependent / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
03 Apr 2024

After my I-140 petition was approved, my son aged out before the priority date became current. My I-485 was recently approved, and I now plan to sponsor my son for a green card. Can I use the priority date from my old I-140?

Answer Unfortunately, no, the priority date from one's I-140 cannot be transferred to an I-130 petition. (03.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright © 2024, MURTHY LAW FIRM....

07:20 / FAQs / For Families / For Individuals / Immigrant Family / Resident
27 Mar 2024

My current advance parole expired a few months ago, and I am now applying for a new one. If I leave the U.S. now, will the USCIS deny my AP application?

Answer There is a good chance that the USCIS will deny the pending I-131 application based on the travel. Unfortunately, the USCIS has a policy that, for initial AP applications – or for applications where the previous AP has expired – the applicant generally must remain...

10:26 / FAQs / For Individuals / Resident / Travel / USCIS News
27 Mar 2024

My I-140 is approved in the EB1 category and the priority date is current. I am in India, but will soon return to the U.S. My wife will not come to the U.S. for several months. When I arrive in the U.S., can I file the I-485 applications for both of us?

Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

10:20 / Employment Based / FAQs / For Individuals / Resident / Travel
25 Mar 2024

USCIS Updates Policy Guidance for Expedite Requests

On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS Policy...

10:15 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News