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14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

10:18 / Consulates / EB5 Investor / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
10 Aug 2023

MurthyAudio: Impact of Criminal Issues

The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023.The MP3 is available here and in the archive of our teleconferences and podcasts...

07:12 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / MurthyAudio / Nonimmigrant Family / Resident / Student / Visitor / Worker
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

06:24 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
27 Jul 2023

My husband is moving to a new project location, and his employer just filed an H1B amendment. Do I need to file an amendment for my H-4 EAD?

Answer No, an H1B amendment typically would not impact the validity of an H-4 spouse's EAD. (27.Jul.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....

07:26 / FAQs / For Families / Nonimmigrant Family / Worker
20 Jul 2023

How long is the USCIS taking to adjudicate EAD applications?

AnswerThe USCIS has an online tool available that provides average processing time information for most types of applications and petitions. (20.Jul.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...

06:56 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker