Attorneys Law Firm Practicecontact us
09 Feb 2023

I am in H-4 status and my I-94 expires in 4 months. I am applying for an extension of status, but my passport expires later this year. Can the USCIS approve my extension beyond the passport validity date?

Answer Ordinarily, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But the USCIS typically can grant an extension of status beyond the expiration date of the passport.  (09.Feb.2023)Sheela...

10:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.2023)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 © 2023, MURTHY LAW FIRM. All...

10:07 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
08 Feb 2023

2023 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

17:44 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
26 Jan 2023

I have a valid H-4 visa stamp in my passport. I am applying for an H1B stamp in a few weeks. If the H1B stamp is denied, can I still travel to the U.S. on my H-4 stamp?

Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...

17:00 / FAQs / For Families / For Individuals / Immigrant Family / Travel / Worker
19 Jan 2023

I am a U.S. citizen and am sponsoring my mother for a green card. Her case is being processed through the U.S. Embassy in Mumbai. Is she allowed to visit on her B-2 visa while the case is pending?

Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

08:52 / B-2 / Family Based / FAQs / For Families / Immigrant Family / Resident / Travel / Visitor
12 Jan 2023

I am in H1B status and have an approved I-140. I recently got married in India and my wife is waiting for her appointment at the consulate to apply for an H-4 visa stamp. Can she apply for an H-4 EAD now, while she is still in India?

Answer Typically, it is not permissible to apply for an H-4 EAD while the applicant is outside the United States. (12.Jan.2023)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 ©...

08:49 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
12 Jan 2023

About five years ago, my sister, who is a U.S. citizen, sponsored me for a green card. Can I use that priority date for my EB3 case sponsored by my employer?

Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

08:36 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident