02 Jun 2015

Murthy Presents AIC’s MultiMedia Award

The American Immigration Council (AIC) recently awarded the winner of its annual Change in Motion multimedia competition for youth, ages 14-25. Funded by the MurthyNAYAK Foundation, Sheela Murthy was on hand to present the first place award to representatives from Fighting Youth Shouting out for...

01 Jun 2015

What are the chances of the H-4 EAD lawsuit going any further?

Answer We do not believe the H-4 EAD lawsuit has a strong chance of succeeding. So far, it is going nowhere. Any updates will be posted on MurthyDotCom, if there are further developments. (01.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...

01 Jun 2015

DHS Proposal on EADs for I-140 Beneficiaries, but Rule Change may be Long Way Off

The U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) are in the initial stages of proposing important regulatory changes affecting employment-based (EB) immigration. The spring 2015 DHS regulatory agenda includes rulemaking that, if implemented, would make certain beneficiaries of...

29 May 2015

I was working on OPT when my employer filed an H1B petition for me. The petition is currently pending. I understand that when my EAD expires next week, I will continue to be in F-1 status with employment authorization based on the cap gap rule….

... Should I obtain a new I-20 for the cap-gap extension of my OPT authorization? If yes, what information do I need to provide to my DSO to issue this I-20? Answer Even though the cap-gap extension is automatic, it is advisable that you obtain a new...

28 May 2015

BIA Decision Brings Uncertainty to Priority Date Retention After I-140 Revocation

Many immigration strategies in employment-based cases rely upon the ability to retain the priority date between permanent resident (or, "green card") case filings for the same individual. It is widely used in what is commonly known as upgrading between categories, as well as during changes...