Murthy Law Firm

08 Jan 2025

My H-4 EAD is expiring soon, and I recently got my H-4 status extended when I reentered the U.S. I am about to file my I-485 application and an I-765 based on the I-485. Will I receive an automatic extension of my H-4 EAD while my new I-765 is pending?

Answer No. To receive an automatic extension of an expiring EAD based on a timely filed I-765, the expiring EAD and newly requested EAD must be in the same eligibility category. So, if you wish to receive an automatic extension of the H-4 EAD, one of...

08 Jan 2025

Is it possible to work as an independent contractor while on STEM OPT?

Answer Although the regulations do not explicitly forbid working as an independent contractor, the STEM OPT guidance requires a bona fide employer-employee relationship, including training, supervision, and wage requirement. Therefore, it seems likely that working as an independent contractor would be viewed as a violation of...

16:50 / FAQs / For Individuals / Student

06 Jan 2025

Government Offices Closed 09.Jan.2025

All Federal government offices, including those of the USCIS, will be closed 09.Jan.2025, to honor the life of former U.S. President Carter. The USCIS will reschedule all natz ceremonies, interviews, & other appointments set for that day. Murthy Law Firm will remain open and be...

17:43 / HQ

25 Jun 2024

NewsFlash! USCIS Confirms H1B Cap Filing Deadline is July 1, 2024

The USCIS confirmed to the American Immigration Lawyers Association (AILA) that, because June 30, 2024 falls on a Sunday, cap-subject H1B petitions that are properly filed on Monday, July 1, 2024 will be considered timely filed. This only applies paper-based H1B filings; H1B petitions filed...

18:15 / For Employers / For Individuals / NewsBrief / USCIS News / Worker

03 Jun 2024

Basic Eligibility Requirement for H-4 EAD

In May 2015, a regulation was implemented to finally allow at least some H-4 dependent spouses to obtain work authorization. Given that the program has been in place for nearly a decade, seasoned H1B workers and H-4 dependents are typically aware of the requirements to...

15:12 / Employment Based / For Families / For Individuals / NewsBrief / Worker

16 May 2024

Murthy Snapshot: AILA Urges Expansion and Improvements to Domestic Visa Renewal Program

The American Immigration Lawyers Association (AILA) recently sent a comment to the U.S. Department of State (DOS) regarding the pilot domestic visa renewal program, which ran from January 29, 2024, through April 1, 2024. In its comment, AILA offers numerous suggestions on ways to improve...

16:21 / For Families / For Individuals / Government / NewsBrief / Travel / Worker

15 May 2024

My PERM case is under audit. Is there any way to expedite the PERM review process?

Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)Sheela Murthy...

17:21 / Employment Based / FAQs / For Employers / For Individuals / Worker

15 May 2024

Can my wife continue to extend her H-4 EAD after the sponsoring employer withdraws the approved I-140?

Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one's spouse for purposes of applying for an H-4...

17:18 / Employment Based / FAQs / For Individuals / Worker

15 May 2024

Does it raise any red flags to USCIS if an H1B worker moves through multiple employers? I was laid off, and am considering a job offer now, even though I do not think it will last very long. If USCIS sees that I kept moving from one employer to the next, will this job-hopping make me look bad?

Answer No, this typically is not a problem from the USCIS perspective. Over the years, the USCIS has enacted various measures to make it easier for H1B workers to move from employer to employer, when desired. And, USCIS officers are not generally interested in punishing employees...

17:15 / FAQs / For Individuals / Worker

13 May 2024

Determining Normal Position Requirements for PERM

When a PERM labor certification case is filed, the employer must state the minimum education and/or experience requirements for the sponsored position. If the employer requires a higher level of education and/or experience than what the U.S. Department of Labor (DOL) considers normal for the...

15:47 / Employment Based / InfoArticle / Resident

Murthy Law Firm

My H-4 EAD is expiring soon, and I recently got my H-4 status extended when I reentered the U.S. I am about to file my I-485 application and an I-765 based on the I-485. Will I receive an automatic extension of my H-4 EAD while my new I-765 is pending?

Is it possible to work as an independent contractor while on STEM OPT?

Government Offices Closed 09.Jan.2025

NewsFlash! USCIS Confirms H1B Cap Filing Deadline is July 1, 2024

Basic Eligibility Requirement for H-4 EAD

Murthy Snapshot: AILA Urges Expansion and Improvements to Domestic Visa Renewal Program

My PERM case is under audit. Is there any way to expedite the PERM review process?

Can my wife continue to extend her H-4 EAD after the sponsoring employer withdraws the approved I-140?

Does it raise any red flags to USCIS if an H1B worker moves through multiple employers? I was laid off, and am considering a job offer now, even though I do not think it will last very long. If USCIS sees that I kept moving from one employer to the next, will this job-hopping make me look bad?

Determining Normal Position Requirements for PERM

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