24 Jun 2021

In October 2020, I was racing to file my I-485, so I submitted it without first getting a signed form I-693 report of medical examination. Right after I filed, I got the form signed. How long will it remain valid?

Answer If the I-693 was signed by the civil surgeon after the I-485 was filed, it normally remains valid up to 2 years from the date the I-693 was signed. (24.Jun.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

04 Mar 2021

I am in H1B status. My sibling is a U.S. citizen and filed an I-130 for me, which was recently approved. Can I use that to now apply for an EAD?

Answer An EAD application cannot typically be filed based on an approved I-130 until the priority date is current and the I-485 application is filed. (04.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

04 Mar 2021

I am working in H1B status, and I enjoy writing short stories in my free time. Is it considered unauthorized employment if I submit a story to a magazine and it gets published? Does it matter if I am paid a small fee?

Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...

04 Mar 2021

I am on OPT and am employed by an accredited, nonprofit university. The university is going to sponsor me for an H1B position. Do they need to follow the H1B cap timelines?

Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...