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09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

08:23 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
06 Sep 2024

Exemption from I-864 Affidavit of Support

Did you know that, if you have earned 40 quarters (typically 10 years) of employment in the U.S., then you are exempt from needing to include a standard I-864 in a family-based immigrant petition?...

13:32 / HQ
04 Sep 2024

If I travel while my H1B extension is pending and return while my existing petition is still valid, but before the extension is approved, what happens once the extension is approved? Can I rely on the extended I-94 in that situation?

Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...

10:38 / FAQs / For Employers / For Individuals / Travel / Worker
04 Sep 2024

I lived in the U.S. for 12 years while on H1B and now my daughter wants to sponsor my wife and me for a green card. I know I am eligible for a waiver of an affidavit of support because I have earned 40 quarters of employment in the U.S., but does my wife need an affidavit of support?

Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

10:35 / Family Based / FAQs / For Families / Immigrant Family / Resident
04 Sep 2024

My H-4 I-94 duration was shortened because my passport was expiring, but my EAD is valid for another 2 years. Can I continue to work after I file my H-4 extension?

Answer Unfortunately, no. Normally, an H-4 dependent spouse cannot work past the I-94 expiration date. (03.Sep.2024)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 © 2024, MURTHY LAW FIRM. All...

10:30 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
29 Aug 2024

When Entering the U.S. on an Expired Visa

Immigration Pro Tip: If you are in valid nonimmigrant status, but the visa stamp with which you entered the U.S. is expired, you might still be able to travel to Canada or Mexico and back to the U.S. using Automatic Visa Revalidation (AVR)! Learn more...

13:32 / HQ
28 Aug 2024

My employer is sponsoring me for a PERM position that requires prior work experience. Can I use experience gained with a foreign employer to qualify for the position?

Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.2024)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 ©...

10:45 / Employment Based / FAQs / For Employers / For Individuals / Resident