17 Nov 2022

I am in H-4 status working based on my EAD. I was recently laid off. Am I allowed to apply for unemployment benefits?

Answer Eligibility for unemployment benefits is based on state law, not immigration law. If you qualify for unemployment benefits, claiming such benefits typically would have no immigration impact. (16.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

11 Nov 2022

MurthyAudio: Money Matters – Ability to Pay and Affidavit of Support

The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast.The MP3 is available here and in the archive of our teleconferences and podcasts...

10 Nov 2022

My H1B extension was approved, but my wife’s H-4 extension is still pending. We are getting ready to file our I-485 applications. Does she have to wait for her H-4 extension to be approved before applying?

Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...

27 Oct 2022

My employer is filing my H1B extension and my wife’s H-4 extension. However, they told me I needed to file for her H-4 EAD extension separately, on my own. Can I apply for her EAD extension while the H-4 extension is still pending? Or do I need to wait for the H-4 extension to be approved?

Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

24 Oct 2022

USCIS Again Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) announced today that the response time flexibility, initially announced on March 20, 2020, is being extended. This extension applies to qualifying USCIS requests issued through January 24, 2023. Response Time Flexibility The USCIS has extended the response time flexibility for...