23 Jun 2020

I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?

Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....

17 Jun 2020

My mother is visiting me in the U.S., but her tourist visa expires next month. I want to apply for a 6-month extension for her. Can the USCIS grant an extension beyond the visa expiration date?

Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...

09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...

03 Jun 2020

My mother is in the U.S. in B-2 status, and her I-94 will expire soon. She has no way to return to India, so she is applying to extend her status. She will return to India as soon as flights resume. Will this prevent her from coming back in B-2 status next year?

Answer There is no set limit to the number of times a person may be admitted in B-2 status, or how many times their status may be extended. CBP officers at the port of entry always have discretion to admit (or deny admission) to a person...

03 Jun 2020

Now that premium processing services are returning, is it possible to request premium for an H-4 EAD application?

Answer No, the USCIS does not offer premium processing for H-4 applications or for EAD.  (03.Jun.2020)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 © 2020, MURTHY LAW FIRM. All...

27 May 2020

NewsFlash! USCIS Plans to Resume In-Person Services on 04.Jun.2020

The U.S. Citizenship and Immigration Services (USCIS) announced today that routine in-person services at its field offices, asylum offices, and application support centers (ASCs) will resume on June 4, 2020. Per the announcement, the USCIS is following guidelines set by the Centers for Disease Control...

21 May 2020

My wife will soon be applying for an H-4 EAD. Does she have to wait until she gets the EAD to apply for her Social Security Number? Also, as an H1B worker, do I have to renew my SSN?

Answer No, the application for employment authorization (form I-765) now includes a section that allows a person to apply for aSocial Security Number while applying for an EAD. A person typically is only ever issued one SSN; that number is unique and remains associated with that...

30 Apr 2020

My fiancée and I were supposed to get married at a court for a civil wedding, but the courthouse is closed due to the pandemic. We have now found a priest who can perform the ceremony and sign the marriage certificate. Will the USCIS consider this a legal wedding?

Answer Generally speaking, as long as the marriage is recognized under your state's laws as a legal marriage, that is sufficient for immigration purposes. (29.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...