The Electronic System for Travel Authorization (ESTA) is a pre-screening tool that most visa waiver program (VWP) travelers must obtain before boarding a flight or ship bound for the United States. While ESTA has been a fixture of VWP travel for years, recent policy changes...
Answer If a person travels while an application or petition requesting a change of status is pending, the change of status request normally will be deemed abandoned and therefore denied. Such a denial typically would not retroactively result in a violation of status. (30.Dec.2025)Sheela Murthy and...
Answer In order to file an application to adjust status (form I-485), you must be in the U.S. at the time of filing. And, depending on the circumstances, it may be necessary to remain in the U.S. until and unless one obtains an advance parole (AP)...
Answer Ordinarily, if a foreign national files an EB1(a) petition on their own behalf, the USCIS will not contact one’s existing employer in relation to the petition. (30.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Tips for the upcoming H1B cap season and latest trends from the USCIS, including the weighted selection process, are discussed by Murthy Law Firm attorneys in the podcast recorded 29.Dec.2025. This was prepared and dropped early, due to the important topics here for U.S. employers.The...
The U.S. Citizenship and Immigration Services (USCIS) announced updated policy guidance on 12.Dec.2025, regarding significant changes to its photograph reuse policy for immigration benefit applications. For the benefit of MurthyDotCom readers, a summary of the new policy is provided. Background on Photograph Collection Before issuing a secure...
U.S. Citizenship and Immigration Services (USCIS) has issued a final rule changing how H1B cap registrations are selected when demand exceeds the annual numerical limits. Beginning with the FY2027 H1B registration season, USCIS will implement a weighted selection process that increases the likelihood of selection...
Answer If a person has a valid I-94 and is outside of their grace period, they generally are considered to be out of status. But, because the I-94 is facially valid, the person typically would not start accruing unlawful presence. (22.Dec.2025)Sheela Murthy and other senior attorneys...
Answer Filing an EB5 case normally would have no impact on one’s existing I-140 approval. That case can potentially still be used as a backup, in the unlikely event of running into problems with the EB5 filing. (22.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that...
Answer If a person has been counted against the H1B cap, they normally work in H1B status for a maximum of six years. If the individual has not utilized the full six years of H1B time, an employer typically can file an H1B petition on the...
