21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....

20 Oct 2021

Do I Qualify for EB1?

It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later "upgrade" to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many,...

14 Oct 2021

November 2021 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the November 2021 Visa Bulletin. This month's visa bulletin includes some bad, but not unexpected, news regarding retrogression in the employment-based, third preference (EB3) category. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for...

14 Oct 2021

I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?

Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.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...

14 Oct 2021

I am on F-1 OPT. My H1B was recently approved for consular notification, with no I-94 attached. Is it possible to get my H1B visa stamping done without leaving the U.S.?

Answer No, ordinarily, it is not possible to apply for a visa "stamp" from within the United States. (13.Oct.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, MURTHY...

13 Oct 2021

USCIS Published FAQs on Bona Fide Determination Process for Pending U Visa Petitioners

The U.S. Citizenship and Immigration Services (USCIS) has provided answers to a number of frequently asked questions (FAQs) on its newly implemented bona fide determination process for pending U nonimmigrant applications. As reported in the MurthyDotCom NewsBrief, Employment Authorization Available for Pending U Visa Petitioners...