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...
Answer No, this is not correct. The 240-day rule does not apply to H-4 dependents, and it is not related to how long a person may stay in the U.S. Rather, the 240-day rule relates to work authorization in certain nonimmigrant categories, such as H1B, when...
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...
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...
For nonimmigrants temporarily in the United States, perhaps the most important date to track is the expiration date of one's I-94 arrival / departure record. The I-94 record used to be issued in paper form by the U.S. Customs and Border Protection (CBP) upon arrival...
From time to time, articles are written to guide MurthyDotCom readers in avoiding inadvertently running afoul of immigration laws. One common problem involves individuals present in the United States in lawful, nonimmigrant status who wish to earn extra money. These foreign nationals are often enticed...
On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and...
Today, the U.S. Department of State (DOS) announced a short list of exceptions to President Trump's April 22 and June 22, 2020 executive orders that prevent admission of certain foreign nationals. Notably, the announcement excepts "… spouses and children of certain visa class holders, such...
A large group of H1B and H-4 visa applicants have filed the first lawsuit against the Trump Administration's June 22, 2020, proclamation that prohibits the admission of certain nonimmigrants. Importantly, the lawsuit not only requests the court to rule on each individual's visa application, but...
Last week, the U.S. Citizenship and Immigration Services (USCIS) sent out notices to more than two-thirds of its employees that they may be furloughed, effective August 3, 2020. The USCIS is seeking $1.2 billion in emergency funding from Congress; if this is not granted, the...
