13
Sep
2023
New EB1A Guidance
New USCIS guidance on EB1A & EB1B. Mostly positive on evaluating evidence, USCIS still forgot: 2nd step of analysis requires evaluating total worth of I-140 evidence....
09:41 /
HQ
12
Sep
2023
Prepare for the October 2023 Visa Bulletin
Have your Priority Date ready to check against the October 2023 Visa Bulletin when it comes out! EB1, EB2, and EB3 immigrants get to use the earliest one. Refresh your understanding of priority dates here....
11
Sep
2023
MurthyAudio: Layoffs – Options for Employees
Options for those whose employment has unexpectedly ended are discussed by Murthy Law Firm attorneys in the September 2023 podcast in this series for employers. The strategies touched upon include change of employer in H1B status, change of status to B, and filing a compelling...
11
Sep
2023
USCIS Suspends Telephonic Attorney Representation
USCIS policy of allowing an immigration attorney to provide representation at USCIS interviews telephonically was put in place as a safety measure during Covid-19. It appears that this policy has been suspended at USCIS field offices as of August 2023. Although USCIS has not made...
07
Sep
2023
I recently renewed my passport. The tourist visa stamp in my old passport does not expire until 2027. Is there a way to transfer that visa stamp to my new passport?
Answer It ordinarily is not possible to transfer a visa "stamp" from one passport to another. However, an unexpired B-1/B-2 visa in an expired passport normally can be presented at the port of entry along with one's new passport to request admission in B-1/B-2 status. (07.Sep.2023)Sheela...
07
Sep
2023
Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?
Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...
06:52 /
FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker
07
Sep
2023
Is it possible to file an H1B amendment and extension at the same time?
Answer Yes, it is very common to request and extension of status when filing an H1B amendment If you look at the I-129 form, you will see the options asking what action/s are desired. If the beneficiary is eligible to extend H1B status, the extension request...
01
Sep
2023
MurthyAudio: Special Podcast for Prospective F-1 Students
Are you seeking to pursue higher education in the United States as an F-1 student? This Special Podcast, produced in association with Telugu Association of North America (TANA), is tailored just for you. Join our team of experienced immigration lawyers as they delve into the...
31
Aug
2023
Am I allowed to travel outside the U.S. while my STEM OPT extension is pending?
Answer In the preamble to the regulation that created the 24-month STEM OPT program, the Department of Homeland Security (DHS) laid out the rule regarding travel while a STEM OPT extension is pending: "Students on STEM OPT extensions (including those whose application for a STEM OPT extension...
31
Aug
2023
I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?
Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...
09:27 /
F-1 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Student