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28 Apr 2021

My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?

Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that...

20:27 / Citizen / Family Based / FAQs / For Families / For Individuals / Immediate Relative / Immigrant Family / Resident
22 Apr 2021

I owe the IRS back taxes and have set up a payment plan to pay everything I owe. Will this cause my application for naturalization to be denied?

Answer Having a payment plan for back-taxes would not automatically prevent a form N-400 from being approved. Depending upon the circumstances, however, failure to report income or pay taxes may result in the USCIS finding that the applicant lacks the good moral character needed for naturalization....

11:05 / Citizen / FAQs / For Individuals / Resident
22 Apr 2021

My H1B extension was approved, but my wife’s H-4 and H-4 EAD applications are still pending. If I file a new I-539 and I-765 for her, will she have to do biometrics again?

Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...

11:01 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
22 Apr 2021

I am working in the U.S. in H1B status and I am a minority owner of a business in India. I am not doing any work for the Indian company, but the company is scheduled to issue me a payment based on the company’s profits. Am I allowed to accept that money while in H1B status?

Answer Generally speaking, income from a passive investment would not be a violation of H1B status. (22.Apr.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 LAW FIRM....

10:57 / FAQs / For Individuals / Worker
15 Apr 2021

My H1B registration was selected. In filing the H1B petition, is it possible to request an earlier start date than October 1st?

Answer No, for an H1B registration selected in this year's lottery, the H1B petition generally must request a start date of October 1, 2021.  (15.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

08:40 / FAQs / For Employers / For Individuals / Worker