15 May 2019

June 2019 Visa Bulletin: EB1 India Retrogresses, EB5 India Retrogression Coming Soon

The June 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). The most notable movement is that the employment-based, first preference (EB1) category for India retrogresses significantly, albeit only temporarily. In addition, the latest visa bulletin cautions that the employment-based, fifth...

14 May 2019

Meet the Murthy Law Firm: Katrina Abarcar

The dedicated team of attorneys, paralegals, and support staff at the Murthy Law Firm is integral to our success. Day after day, they help to fulfill the dreams of our readers through their integrity, diligence, and commitment to excellence. To introduce our readers to the...

13 May 2019

My H-4 extension was denied, and the denial notice say that I need to update USCIS within 33 days. I have a pending I-485 and a valid EAD/AP, so I no longer need the H-4 extension. Do I still need to respond to the denial notice?

Answer It is a common misunderstanding that the "33-day" period mentioned in a denial notice is a mandatory response deadline. In fact, this is the deadline to file an optional motion to reopen or to appeal a denial. It is not mandatory, does not provide any...

13 May 2019

My H1B cap case was selected in this year’s lottery and it is still pending. My OPT will expire soon. If I apply for a STEM OPT extension, will this impact my pending H1B change-of-status request?

Answer In general, no, this would not impact the H1B change-of-status request because OPT is not a status - one's status during OPT would still be F-1. Once an H1B change-of-status is approved, the F-1 status and corresponding OPT are terminated as of October 1st (or...

13 May 2019

My H-4 I-94 is valid for two more years, but my H-4 visa has expired. If I go to Canada for a few days, do I need to get a new visa “stamp” before I can return to the U.S.?

Answer Under the contiguous territory rule, one generally can go to Canada or Mexico using automatic visa revalidation ("AVR") for up to 30 days if one's I-94 is unexpired. A valid visa stamp is NOT required to reenter the U.S. However, one cannot use "AVR" if...