Shay Taylor, Author at Murthy Law Firm | U.S Immigration Law

12 Nov 2018

On the N-400 application, one of the questions asks whether I have ever been arrested, cited, or detained by law enforcement. Do I need to list a traffic citation, like a speeding ticket, even though I was not arrested?

Answer Question 23 of the N-400 asks for any citations. A speeding ticket is a citation, and therefore you should answer yes to the question. For question 29, which asks for details of any such citations, you should provide the details of the ticket/s. In addition,...

12 Nov 2018

I was in H1B status, and then changed to H-4. I am now filing a change of status back to H1B. Can I begin working based on the receipt notice?

Answer You can only work based on an H1B receipt notice if you are in valid H1B status at the time the petition is filed. If you are changing from H-4 to H1B status, you must wait for the H1B petition to be approved before you...

10:22 / FAQs / For Families / Nonimmigrant Family / Worker

12 Nov 2018

Birthright Citizenship Protected by the U.S. Constitution

President Donald Trump recently announced that he intends to revoke birthright citizenship through an executive order. However, this appears to be little more than political posturing, as legal experts nearly all agree that the President has no ability to alter this legal right provided by...

08:22 / Citizen / Family Based / For Families / For Individuals / NewsBrief

08 Nov 2018

NewsFlash! Federal Appeals Court Blocks Trump from Ending DACA

This afternoon, the U.S. Court of Appeals for the Ninth Circuit upheld a lower court's decision to block the Trump Administration from ending the Deferred Action for Childhood Arrivals (DACA) program. For the time being, the DACA program remains in place. The Administration is expected...

15:08 / For Families / For Individuals / NewsBrief

07 Nov 2018

USCIS Policy Manual Update on Naturalization Based on Marriage to USC

The U.S. Citizenship and Immigration Services (USCIS) policy manual has been updated with regard to marriage and cohabitation requirements for those applying for citizenship based on marriage to a U.S. citizen (USC). As summarized in the USCIS policy alert, the policy update clarifies how long...

08:15 / Citizen / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident

06 Nov 2018

Sheela Murthy at IT Serve Synergy 2018

Sheela Murthy was invited to speak on the Immigration Panel at the 2018 IT Serve Synergy conference, held in Atlantic City, NJ, on October 25 & 26. Murthy spoke on current issues and answered questions on trends with RFEs and the denials of H1B petitions...

11:52 / Blog / Immigration / Professional

05 Nov 2018

We sent the USCIS a request to withdraw my pending H1B petition. How long will it take to receive a withdrawal confirmation back from the USCIS?

Answer There is a lot of variation in this; it could be a few weeks, or a few months, depending on the case. (05.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

14:16 / FAQs / For Employers / For Individuals / Worker

05 Nov 2018

I have a green card, and would now like to sponsor my fiancée for a green card, once we get married. What is the timeline for her to be able to live and work in the U.S.?

Answer While a U.S. citizen may sponsor a foreign national spouse as an immediate relative, the same does not hold true for a green card holder sponsoring a spouse. In this situation, the petition would fall under the family-based, second preference "A" (FB2A) category. After the...

14:13 / Family Based / FAQs / For Families / For Individuals / Resident

05 Nov 2018

What is the minimum number of hours and/or credit required to maintain F-1 status?

Answer One in F-1 status must normally be a full-time student, which is defined by the school. (05.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...

14:10 / FAQs / For Individuals / Student

05 Nov 2018

Can I live in Canada, but work in the U.S. in H1B status? I would travel to the job every morning, and then return to Canada after work.

Answer One can be employed in H1B status by an U.S. company, and reside in Canada. This is sometimes referred to as a "commuter" H1B. It is uncommon, but not unheard of. (05.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

14:06 / FAQs / For Employers / For Individuals / Travel / Worker

Murthy Law Firm

On the N-400 application, one of the questions asks whether I have ever been arrested, cited, or detained by law enforcement. Do I need to list a traffic citation, like a speeding ticket, even though I was not arrested?

I was in H1B status, and then changed to H-4. I am now filing a change of status back to H1B. Can I begin working based on the receipt notice?

Birthright Citizenship Protected by the U.S. Constitution

NewsFlash! Federal Appeals Court Blocks Trump from Ending DACA

USCIS Policy Manual Update on Naturalization Based on Marriage to USC

Sheela Murthy at IT Serve Synergy 2018

We sent the USCIS a request to withdraw my pending H1B petition. How long will it take to receive a withdrawal confirmation back from the USCIS?

I have a green card, and would now like to sponsor my fiancée for a green card, once we get married. What is the timeline for her to be able to live and work in the U.S.?

What is the minimum number of hours and/or credit required to maintain F-1 status?

Can I live in Canada, but work in the U.S. in H1B status? I would travel to the job every morning, and then return to Canada after work.

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