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03 Jul 2024

Shortly before my I-94 expired, I applied for my H-4 extension. The following week, the USCIS rejected my package because there was a missing page in my form I-539. I immediately refiled the application with the missing page, and I included the rejection letter. But, by then, my I-94 already had expired. Will the USCIS honor the original filing date?

Answer Ordinarily, if an application is filed and then rejected by the USCIS, the USCIS will not honor that as the filing date. The filing date is established only when a case is properly filed with the USCIS.Note that a rejected filing is different from a...

12:52 / FAQs / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
28 Jun 2024

I-485 Approved When Outside U.S.

“What happens if my I-485 application is approved when I am traveling outside of the United States?” This short and helpful MurthyDotCom article has your answers!...

10:59 / HQ
26 Jun 2024

I am a U.S. citizen. My mother entered on her tourist visa a few months ago. She was planning on returning home, but I’m trying to convince her to stay in the U.S. If she agrees, can I sponsor her for a green card now? Or would she have to go back to India for me to sponsor her?

Answer A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green card...

12:24 / B-1 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
26 Jun 2024

I understand that, for a company to qualify for L-1, both the U.S. and foreign company must be “doing business.” We process all of our sales through the U.S. company, while the foreign entity provides services solely for the U.S. company. Is that considered doing business for L-1 purposes? Does this also work if we want to use this for an EB1(c) case?

Answer Yes, it is possible for a company to meet the "doing business" requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such cases,...

12:18 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
26 Jun 2024

I received the following text message today, claiming to be from the USCIS: ” Green Card applicants who receive a request for Form I-693 should return it as soon as possible by overnight, priority, or courier delivery.” Is this a legit message? 

Answer We have a number of clients who have received such messages. We can't 100 percent confirm that these messages came from the USCIS, but we strongly suspect that they are legitimate. Regardless, it does not change our advice. If a person has a pending I-485...

12:13 / FAQs / For Individuals / Resident / USCIS News
24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

12:34 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker
20 Jun 2024

I-485 Travel in H / L Status

Want to know the effects of traveling in H1B / L-1 status while have a pending I-485? Our helpful article explains it all....

14:19 / HQ