17 Apr 2025

My son legally entered the U.S. in H-4 status when he was 13 years old. He is now 15. Does he have to comply with the alien registration requirement, even though he has always maintained valid status?

Answer Any foreign national who turns 14 while in the U.S. must register within 30 days of their 14th birthday, even if they were previously registered. This requirement applies even for nonimmigrant dependents in lawful status and children who are green card holders.Further details on who...

15 Apr 2025

About six months ago, my 15-year-old son automatically became a U.S. citizen when I naturalized. We then filed an N-600 application, but we are still waiting for his certificate of citizenship to be issued. Is he required to register based on the new alien registration process?

Answer No, a U.S. citizen is normally not subject to the alien registration requirement. (15.Apr.2025)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 © 2025, MURTHY LAW FIRM. All Rights...

26 Mar 2025

I am in H1B status and am trying to fill out an online form I-539 so I can change to H-4. The form asks me to list my current status, but the drop-down menu does not provide H1B as an option. What should I do?

Answer This question on the online I-539 is a bit confusing. To indicate you are in H1B status, you must select the “1B1 - H-1B1 Specialty Occupation” option. (26.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

12 Mar 2025

I was born a U.S. citizen but currently am living in India while I finish my studies in university. Am I allowed to sponsor my parents for green cards now, or do I have to move back to the U.S. before beginning the process?

Answer Generally speaking, a U.S. citizen residing abroad who is at least 21 years old may sponsor their parents for a green card. However, they typically would need to establish residence in the United States for the immigrant visa to actually be issued (or demonstrate the...

19 Feb 2025

I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.

Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

29 Jan 2025

While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed the extension because I traveled. Will this denial be seen as a black mark in my record?

Answer No, this is no cause for concern. A denial in this situation normally would neither create any type of immigration problem, nor be viewed negatively by immigration officials. (28.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

15 Jan 2025

I am scheduled to apply for an H1B visa stamp next month in Chennai, but my project ended. Can I use the same appointment slot to apply for a H-4 visa instead?

Answer You typically need to cancel the existing appointment, and schedule a new appointment with a new DS-160 (indicating the appointment is for H-4.) It may be possible to reuse the fee. (15.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...