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15 Feb 2021

2021 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

12:14 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
11 Feb 2021

I read online that President Biden is re-implementing the Trump policy of requiring detailed documents from end-clients when filing H1B petitions. Is that true?

Answer No, this is not true. The USCIS memo you are referencing was issued by the Trump Administration in February 2018. In June 2020, the USCIS officially rescinded the memo as part of a settlement agreement between the USCIS and IT Serve Alliance.The USCIS webpage that...

09:25 / FAQs / For Employers / For Individuals / Worker
11 Feb 2021

I am working in H1B status and got a job offer from a cap-exempt employer. If I move to this new employer, and later want to move back to a cap-subject employer, will I have to go through the lottery again?

Answer Assuming you have been counted against the H1B cap, moving to a cap-exempt employer would not prevent you from later returning to a cap-subject employer.  (11.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

09:19 / FAQs / For Individuals / Worker
04 Feb 2021

I am in H1B status working from my home office. My client is about to change, but I will continue to work from home. My employer says we therefore do not need to file an H1B amendment. Is that correct?

Answer Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment generally must be filed.  (04.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that...

09:32 / FAQs / For Employers / For Individuals / Worker
04 Feb 2021

My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires?

Answer Yes, this generally is permissible. International travel ordinarily does not impact a pending H1B extension. (04.Feb.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, MURTHY LAW FIRM....

09:30 / FAQs / For Employers / For Individuals / Travel / Worker
04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...

09:26 / FAQs / For Families / For Individuals / Travel / Visitor