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15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

07:05 / Employment Based / FAQs / For Individuals / Resident
08 Jun 2023

I applied for OPT and received a notice indicating that the I-765 application had been approved. However, I still have not received my EAD. Can I start working now?

Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment.  (08.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...

07:46 / F-1 / FAQs / For Employers / For Individuals / Student
08 Jun 2023

I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary's grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with...

07:43 / B-1 / B-2 / FAQs / For Individuals / Visitor / Worker
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...

07:38 / FAQs / For Families / Nonimmigrant Family / Worker
01 Jun 2023

I am on F-1 and my husband is on H1B. I am applying for a change of status to H-4. Do I have to continue my F-1 studies until the change of status is approved?

Answer Typically, there is no requirement for the F-1 student to remain in school once an application to change status to H-4 is properly filed.  (01.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

16:59 / F-1 / FAQs / For Families / For Individuals / Student
01 Jun 2023

I was laid off last week and plan on leaving the U.S. before my grace period ends. If I use the full 60 days, will that be used against me next time I apply for a visa?

Answer It seems unlikely that an immigration officer would take issue with a person using the full 60-day grace period.  (01.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 ©...

16:54 / FAQs / For Individuals / Worker
24 May 2023

Now that nearly all the COVID-19 pandemic restrictions and flexibilities have been eliminated, is it still possible to apply for a visa at a U.S. consulate that is not in your home country?

Answer Many, if not most U.S. consular posts accept third-country national visa applicants. Some, however, do significantly limit which third-country nationals qualify. If a consular post has any restrictions on visa applications by third-country nationals, this information typically can be found on the consulate's website. (24.May.2023)Sheela...

17:25 / Consulates / FAQs / For Individuals / Travel
24 May 2023

I am in H1B status and my I-140 was just approved. My wife has been working for a U.S. company from India, and now wishes to apply for an H-4 EAD. Is it possible for her to apply from India?

Answer Unfortunately, in order to apply for an H-4 EAD, the individual normally must be physically in the United States when the application is filed. It is, however, typically possible to leave the U.S. while the EAD application is pending. (24.May.2023)Sheela Murthy and other senior attorneys...

17:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
24 May 2023

I am in H1B status and have an approved I-140. I own home and installed a shed in my backyard. My neighbor is threatening to sue, claiming that the shed violates local zoning laws, is encroaching on her property, etc. I believe my neighbor is completely mistaken, but, if she sues and somehow wins, is there any chance this could harm my current status or future green card case?

Answer A civil lawsuit generally would have no impact on a person's H1B status or green card application.  (24.May.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...

17:19 / FAQs / For Individuals / Resident / Worker