16 Jul 2025

I have an approved I-140 that was self-sponsored in the EB1(a) category. Can my husband use this as a basis to apply for an H-4 EAD?

Answer Generally speaking, an approved I-140, including one that is self-sponsored, can be used by an H-4 spouse to apply for an H-4 EAD. (16.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

10 Jul 2025

Immigration Impact of ‘Big Beautiful Bill’

President Trump signed a spending bill, dubbed the “Big Beautiful Bill,” into law on 04.Jul.2025. While the bill does not fundamentally change who is eligible for U.S. immigration benefits or create new, legal pathways, it dramatically increases funding for immigration enforcement and increases the financial...

09 Jul 2025

I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth?

Answer If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)Sheela Murthy...

02 Jul 2025

I am a green card holder and recently got married to someone in India. Is there a quick way to bring them to the U.S. with a green card?

Answer Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as...

26 Jun 2025

Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful...

25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

05 Jun 2025

Trump to Implement Travel Ban on Nationals from 12 Countries, Effective 09.Jun.2025

Yesterday, President Trump signed a proclamation barring the admission of nationals of twelve countries, and partially restricting admission of nationals from seven other countries, as of Monday, 09.Jun.2025. This total travel ban will apply to nationals of the following twelve countries:Afghanistan Chad Equatorial Guinea ...

28 May 2025

My H1B is valid until next year. If I apply for a change of status to H-4, can I continue to work while the application is pending?

Answer The H1B generally stays valid through its expiration date or until the H-4 change of status is approved, whichever comes first. (28.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

01 May 2025

MurthyAudio: Best Practices for International Travel 2025

Murthy Law Firm attorneys guide nonimmigrants and others on preparation for entering the U.S. at a port of entry (POE) in 2025. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.  ...