02 Dec 2019

USCIS Proposal for Substantial Fee Increase and Imposition of New Filing Fees

As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of...

27 Nov 2019

I am in H1B status, and my wife and child are in H-4. My employer asked me to travel to India for three weeks to provide some training at the parent company. Can my wife and child stay in the U.S. for the duration of my trip?

Answer The USCIS may limit, deny, or refer for removal an H-4 dependent who is not primarily intended for the purpose of being with the principal worker in the United States. Further, USCIS officers may adjudicate applications for dependent stays in order to prevent an H1B...

07 Nov 2019

I am currently working based on H-4 EAD. Can my company sponsor me for a green card under the EB3 category?

Answer Working based on an H-4 EAD typically would have no impact on a company's ability to sponsor you for a green card. As long as you meet the standard requirements, the company can sponsor you for an EB3 position. (07.Nov.2019)Sheela Murthy and other senior attorneys...

31 Oct 2019

My H-4 EAD is about to expire, and my EAD renewal application has been pending for three months. If I submit an expedite request and that request is denied, will it negatively impact my pending EAD application?

Answer In the current environment, the USCIS generally will only approve an expedite request if the person can provide a compelling reason and strong supporting evidence for the expedite request. That being said, if the request is denied, this normally should not negatively impact the pending...

24 Oct 2019

DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds

On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered...

17 Oct 2019

My husband is working in the U.S. in H1B status. I want to visit him periodically, but I need to stay in my home country most of the time because I am still at university. Can I apply for an H-4 visa, even though my trips will be fairly short? Or should I instead apply for a B-2 visa?

Answer Normally, there is no issue with the spouse of an H1B worker traveling back and forth using an H-4 visa, even for short trips to the U.S. It is possible to do this with a B-2 visa, as well; but, unlike B-2 visitors, a person...

11 Oct 2019

NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule

This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019.The injunction specifically prohibits the...

10 Oct 2019

NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019

On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will...