Attorneys Law Firm Practicecontact us
28 Aug 2024

I am in India and my husband is working in the U.S. in H1B status. I plan to arrive in the U.S. in December. Can I apply for an H-4 EAD now, so that it might be approved by the time I arrive in the U.S.?

Answer Unfortunately, one generally must be physically in the United States to apply for an H-4 EAD. In many situations, however, it is possible to leave the U.S. while the H-4 EAD application is still pending. (28.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

10:39 / FAQs / For Families / For Individuals / Travel / Worker
21 Aug 2024

I am currently in the U.S. on H1B, and my visa stamp has expired. I am supposed to travel to Toronto for a short business trip. Is it true that I can go to Canada and come back without having to get a new visa stamp?

Answer Under the contiguous territory rule (also known as automatic visa revalidation or AVR,) a foreign national may be readmitted to the U.S. after traveling to Canada or Mexico for no more than 30 days. A more detailed explanation of this program is available in the...

13:06 / FAQs / For Individuals / Travel / Worker
21 Aug 2024

My mother and I entered the United States when I was a child. We were not legally admitted. After we arrived, my mother married a U.S. citizen. I think I meet all the eligibility requirements to apply for parole in place (PIP) under the new program. However, my mother passed away several years ago. Can I still apply for PIP?

Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

13:03 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
14 Aug 2024

I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?

Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...

06:38 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
14 Aug 2024

Many years ago, my U.S. citizen brother filed an I-130 petition for me. At the time, I was working in H1B status. But eventually, I got tired of waiting and left the U.S. I have just learned that my priority date soon will become current. What is the next step I should take to apply for a green card?

Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you would...

06:32 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
14 Aug 2024

I have an approved I-140 and my I-485 has been pending for more than 180 days. I understand that I am allowed to port my case to a same-or-similar position. Is this allowed for a position where I would be self-employed?

Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...

06:28 / Employment Based / FAQs / For Individuals / Resident
07 Aug 2024

I applied for naturalization based on three years of marriage to my U.S. citizen spouse. Do I still need to list my travel history for the last 5 years on the N-400 application?

Answer No, in this situation, you only need to list your travel history for the last 3 years. (07.Aug.2024)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 © 2024, MURTHY...

07:48 / Citizen / Family Based / FAQs / For Families / For Individuals / Resident / Travel