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06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

08:31 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
05 May 2021

Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19

President Biden's Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice.Importantly, this prohibition on entry has...

17:51 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Worker
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
01 Apr 2021

I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?

Answer Getting married to a person with a green card would have no direct impact on one's F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent. (01.Apr.2021)Sheela...

08:30 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student
18 Mar 2021

My father is in the U.S. in B-2 status, and his I-94 expires in a couple of weeks. His B-2 visa stamp expires next month. If he applies for a B-2 extension, can he request an end-date beyond the expiration date of the visa stamp?

Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...

09:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Visitor
11 Mar 2021

I am on H1B and my wife is on H-4. If we do not exceed the income limits, are we eligible to get the new round of stimulus checks?

Answer It appears most H1B workers will qualify.As with the previous stimulus bills, the American Rescue Plan Act of 2021 excludes "nonresident aliens," which is a term defined by tax law. Most H1B workers are considered "resident aliens" under tax law, and therefore not excluded from...

07:41 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Feb 2021

My H1B extension was approved months ago, but my wife’s H-4 extension is still pending. My employer is filing an H1B amendment for me. Will this impact my wife’s pending H-4?

Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension.  (18.Feb.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. All Rights Reserved...

13:05 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Feb 2021

My husband is in the U.S. in H1B, and I am working from India for a U.S. employer. Can I apply for an H-4 EAD from India? Or do I have to be in the U.S. to apply?

Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending.  (18.Feb.2021)Sheela Murthy and other senior attorneys provide...

13:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker