10 Aug 2021

MurthyAudio: EB3 Downgrade and I-485 Filings

The pros and cons of filing EB3 “downgrade” I-140 petitions and documentation needed for I-485 Adjustment of Status filings are discussed by Murthy Law Firm attorneys in this podcast from 04.Aug.2021.The MP3 is available here, and in the archive of our teleconferences and podcasts on...

04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

04 Aug 2021

My H1B registration was selected in the lottery last week, but the employer that filed the registration no longer has a position available for me. Can I transfer the registration to a different employer?

Answer Unfortunately, no; the cap-subject H1B petition typically can be filed only by the company that submitted the registration. (04.Aug.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 © 2021,...

29 Jul 2021

I am going to India to get married, and then am going to honeymoon for two weeks on a Caribbean island. I will apply for a visa at the consulate there. Will I need to also apply for a national interest exception (NIE) because of the travel ban?

Answer The COVID-related travel ban generally applies if the person has been in India (or one of the other restricted countries, such as China, the United Kingdom, and the Schengen area), within the previous 14 days. If a person leaves India and spends 14 days in...

29 Jul 2021

I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...