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...

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...

01 Oct 2020

Overview of Coming Changes to Premium Processing

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...

16 Jul 2020

NewsFlash! DOS Announces Limited Exceptions to Trump’s Order that Targets Nonimmigrant Workers

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...

15 Jul 2020

NewsFlash: H1B and H-4 Visa Applicants Sue Trump Administration Over President’s Order that Targets Nonimmigrant Workers

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...

01 Jul 2020

I’m currently working on H1B visa and the extension got approved recently. My wife went for a short visit to India but couldn’t get her H-4 visa stamped in time before executive order. She has a B-2 visa in her passport. Is it possible for her to visit the U.S. using her B-2?

Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...

30 Jun 2020

NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order

Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...