U.S. Supreme Court has refused to hear Appeal of lower court’s refusal to declare STEM OPT program unlawful. F-1 students with STEM degrees continue to be eligible for 2-yr practical training extension after standard 1-yr of OPT....
Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...
Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer There is no set dollar figure required to qualify for a stay in B-1 status. Rather, the applicant has the burden of evidencing that they can support themselves during their stay in the United States. Since a person in B-1 status typically cannot work, that...
On September 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) released guidance clarifying how it evaluates evidence to determine eligibility for two EB1 immigrant subcategories, for a person of extraordinary ability (EB1(b). This policy update provides guidance on types of evidence for EB1 petitions...
DHS proposes removing the eligible counties list, increasing scrutiny of fees for participation in the program, whistleblower protections, mandatory and discretionary penalties against employers violating program requirements, and providing grace periods to workers to increase job flexibility....
Murthy Law Firm solved a client’s surprise obstacle to using Emergency AP issued by USCIS for travel to the U.S., but mistakenly showing 2022 instead of 2023 dates. Our client just needed someone @CBP to listen and we directed him to a land border where...
Murthy’s Mandamus lawsuit cuts short another delay! After delaying a decision for more than 15 years, the USCIS approved our client’s green card to resolve a Mandamus lawsuit. Mandamus action can be used in multiple settings in employment-based cases. Read about Mandamus Actions & Federal...
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is responsible for investigating and enforcing federal minimum wage, overtime pay, and record-keeping requirements, as well as various employment standards and worker protections required under U.S. immigration law. Such investigations are often...
Based on initial Child Status Protection Act (CSPA) policy update, a dependent child over 21 filed an I-485 and got a Green Card. Murthy's creative lawyers used an argument adopted by USCIS in its second policy update subsequent to the I-485 filing....
