The U.S. Department of Homeland Security (DHS) is considering a rule, which could be published as soon as next month - September 2021 - that would establish new benefit requests eligible for premium processing, consistent with the Continuing Appropriations Act, 2021 (CAA). Assuming the regulation...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective August 12, 2021, the validity period of a report of medical examination and vaccination record (form I-693) will temporarily be extended from two years to four years. Per the announcement, the USCIS may...
The U.S. Citizenship and Immigration Services (USCIS) requires foreign nationals to submit biometrics in-person at an application support center (ASC) before granting certain categories of immigration benefits. After the USCIS schedules the biometrics appointment, if the individual fails to attend and does not take any...
Answer From a U.S. immigration law perspective, there is no limit on how long you can work for a U.S. employer while you are physically in India. Also, there is no limit on how long you can remain in India before returning in H1B status. As...
Answer It is true that the USCIS has now implemented a process so that one may apply for a Social Security Number as part of the I-485 application process. However, it appears this option is only available for I-485 applications that have not yet been filed....
Answer Normally, most U.S. consulates allow third-country nationals to apply for visas. During the pandemic, however, many consulates have imposed additional restrictions. Prior to scheduling your trip, we recommend checking the particular consulate's website for instructions on eligibility to apply as a third-country national. (11.Aug.2021)Sheela Murthy...
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...
In most situations, to obtain U.S. lawful permanent resident status (i.e., a "green card") through an employment-based (EB) category, one must be sponsored by a U.S. employer for a position that is full time and permanent. The foreign national must intend to work in that...
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,...
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,...
