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07 Dec 2023

When I filed my I-140, I had to list my daughter on the form. Will this harm her chances of getting an F-1 student visa?

Answer No, this normally would not impact an applicant's chances of being issued an F-1 student visa. (07.Dec.2023)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 © 2023, MURTHY LAW...

09:15 / Employment Based / F-1 / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Student
15 Nov 2023

Last year, I was laid off from my H1B position and I moved to H-4 status. My previous employer revoked my H1B petition. If I wish to move back to H1B status, do I have to go through the lottery again?

Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...

18:27 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
06 Nov 2023

Immigration Tips Before Taking a Cruise

While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature...

08:12 / Citizen / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
16 Oct 2023

USCIS Extends Maximum Validity Period for Certain EADs

The U.S. Citizenship and Immigration Services (USCIS) recently announced that, effective immediately, the maximum validity period of certain categories of employment authorization documents (EADs) will increase from one or two years to five years. This procedural change should help to reduce burdens on applicants and...

21:41 / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Resident / USCIS News / Worker
05 Oct 2023

I just filed my H-4 and H-4 EAD extensions together. Both my I-94 and EAD are about to expire. Am I now allowed to work for 240 days based on the pending extension applications?

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...

08:39 / FAQs / For Families / Nonimmigrant Family / Worker
28 Sep 2023

I was in H1B status and then changed to H-4. I now wish to move back to H1B status. Once the change of status petition is filed, can I start working based on the receipt notice?

Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)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...

08:02 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
28 Sep 2023

USCIS Exempting Biometrics Fee for all I-539 Applicants, Effective 01.Oct.2023

Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...

07:39 / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Student / USCIS News / Visitor / Worker
07 Sep 2023

Last year, my wife and I filed our I-485 applications. After her AP was issued, her employer asked her to move back to their headquarters in India for a temporary assignment. Is there a limit on how long she is allowed to stay abroad with her I-485 pending?

Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she must...

06:52 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Travel / Worker