27 May 2021

I am in H1B status and have an approved I-140. My son, who is 15 years old, is in H-4 status. He would like to take a summer job. Is he able to obtain an H-4 EAD?

Answer Unfortunately, no. The H-4 EAD program can only be used by H-4 spouses. H-4 children are not eligible to apply for the H-4 EAD.  (27.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

27 May 2021

A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?

Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.2021)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 ©...

27 May 2021

I am recently divorced and wish to travel to the U.S. in H1B with my minor son, who will be coming in H-4 status. My ex-husband has no objections to this. Do I need to bring documents with me for my son to enter, since his father will not be traveling with us?

Answer U.S. Customs and Border Protection (CBP) strongly recommends that, if a child is only being accompanied by one parent, the parent traveling with the child carry a note from the other parent that states: "I acknowledge that my wife / husband / etc is traveling...

20 May 2021

How are wage levels determined for H1B cases? Since I have a master’s degree, does that mean my employer has to file the petition for at least a wage level 2 position?

AnswerWage levels are determined based on the occupation, the minimum job requirements, such as years of work experience and level of education, and the work location(s). There are four wage levels, ranging from wage level 1 (entry level) to wage level 4 (fully competent).To be...

20 May 2021

I lost my job due to the pandemic and returned to India. I have not been able to keep up with my credit card payments. Will this prevent me from returning to the U.S. in the future?

AnswerNo. Under the current immigration rules, owing money to a credit card company typically would not prevent a person from entering the United States.  (20.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

20 May 2021

My H1B extension was filed right before my I-94 expired. I had been working for close to 6 months, and then my H1B extension was denied. I understand that I am now out of status and am accumulating unlawful presence; but did the unlawful presence start from the date my I-94 expired, or is it from the date of the denial?

Answer  Ordinarily, if an H1B extension is timely filed, no unlawful presence would start to accumulate until after the extension is denied.  (20.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...