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18 Mar 2026

Our company is trying to determine the correct Standard Occupational Classification (SOC) code for an employee’s H1B petition. Do the employee’s own degree credentials factor into this analysis?

Answer Typically not, as occupational classifications are determined based on the job duties and other details of the position, independent of the particular employee’s credentials. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06:06 / FAQs / For Employers / For Individuals / Worker
03 Mar 2026

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

Answer This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)Sheela Murthy and other senior...

08:33 / EB5 Investor / FAQs / For Families / For Individuals / Immigrant Family / Investor / Resident
03 Mar 2026

I am in H1B status with a valid visa stamp and plan to travel outside the United States. I have a chronic health condition. Will this affect my ability to return to the U.S.?

Answer In general, a chronic medical condition does not prevent someone from reentering the United States if they have a valid visa. However, recent U.S. Department of State guidance indicates that medical conditions may be considered when an individual applies for a new visa, as explained...

08:21 / FAQs / For Individuals / Worker
24 Feb 2026

My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?

Answer Yes, filing a family-based green card case typically would not impact an existing employment-based case. (24.Feb.2026)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 © 2026, MURTHY LAW FIRM....

16:04 / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident
24 Feb 2026

My wife and I wish to move back to India. My son is currently enrolled in university and wishes to remain in the U.S. Can I gift funds to my child so that he can apply for a green card through the EB5 program?

Answer Yes, this generally is possible. As the gift giver, you would need to provide various financial documents, including seven years of tax returns along with evidence of the lawful source of the funds. (24.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

15:57 / EB5 Investor / FAQs / For Individuals / Investor / Resident
24 Feb 2026

I am in H1B status working from a home office. My employer is moving me to a different client, but I will continue to work from home. Because there is no location change, is it true we do not need to file an H1B amendment. Is that correct?

Answer Depending on the circumstances, a change in project may require an H1B amendment. Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment...

15:49 / FAQs / For Employers / For Individuals / Worker