13 Jul 2023

Updated Guidance on I-140 EAD Based on Compelling Circumstances

The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance for an employment authorization document (EAD) based on compelling circumstances for a person who has an I-140 immigrant petition approval. The updated guidance explains the eligibility criteria for a compelling circumstances EAD, gives examples...

13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

21 Jun 2023

I applied for an H-4 extension and an H-4 EAD at the same time. My extension was approved, but my EAD is still pending. Is it okay if I travel outside the U.S., or should I stay here until the EAD is approved?

Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application.  (21.Jun.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 Rights Reserved...

08 Jun 2023

I was working in H1B status and then moved to H-4. I am now considering a change back to H1B status. If I do this, can I still use the same H1B visa stamp in my passport for purposes of travel? It does not expire until the end of the year.

Answer Ordinarily, a change of status from H1B to H-4 would not impact the validity of the H1B visa "stamp" in one's passport. If the individual leaves the U.S. and wishes to return in H1B status, it typically would be possible to present the approved H1B...