29 Apr 2024

USCIS Adopts DOL’s Definition of “Science or Art” for Schedule A Cases

The U.S. Citizenship and Immigration Services (USCIS) recently announced the incorporation of the U.S. Department of Labor's (DOL) definition of "science or art" into its policy manual for Schedule A, Group II cases. The policy change goes into effect immediately. Background An employer sponsoring a foreign national...

18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

15 Apr 2024

Consolidation of B-1/B-2 Interview Waiver Appointments in New Delhi

Starting March 2024, the U.S. Embassy in India has consolidated B-1/B-2 interview waiver appointments in New Delhi, leading to limited appointment availability at U.S. consular posts in India. Applicants, however, still can submit applications at designated centers across India. This move aims to streamline the...

04 Apr 2024

Murthy Snapshot: USCIS Increases Automatic Extension for Certain EAD Renewals

The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you...

03 Apr 2024

After my I-140 petition was approved, my son aged out before the priority date became current. My I-485 was recently approved, and I now plan to sponsor my son for a green card. Can I use the priority date from my old I-140?

Answer Unfortunately, no, the priority date from one's I-140 cannot be transferred to an I-130 petition. (03.Apr.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....

25 Mar 2024

USCIS Updates Policy Guidance for Expedite Requests

On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS Policy...

21 Mar 2024

Importance of Accurate & Consistent Birth Documents in Immigration Filings

The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate....

20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...