02 Dec 2021

The employer that submitted my H1B registration still has a job available for me, but it is only for about 20 hours per week. Is that allowed?

Answer Yes, it normally is possible to file an H1B petition requesting part-time employment. (02.Dec.2021)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 © 2021, MURTHY LAW FIRM. All Rights...

24 Nov 2021

My I-94 and H-4 EAD are both going to expire next week. My H-4 and H-4 EAD extensions are both pending. I understand that I cannot work based on the pending EAD renewal. While waiting for the new EAD to be issued, do I have to resign from my position, or can I take an unpaid leave?

Answer There does not appear to be a definitive answer to this. Immigration law generally prohibits an H-4 spouse from working without a valid EAD. And, from the employer's perspective, there are certain requirements (e.g., form I-9 employment eligibility verification) that must be adhered to. But...

24 Nov 2021

My previous employer filed a registration for me in March. It was selected in the third round of the lottery. Can I transfer it to my current employer, and have them file the H1B petition for me? My previous employer is ok with this.

Answer No. Generally speaking, the registration cannot be transferred to a different employer. (24.Nov.2021)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 © 2021, MURTHY LAW FIRM. All Rights Reserved...

18 Nov 2021

I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?

Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a lack...

18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

18 Nov 2021

I am residing in Canada, but have an H1B job offer within driving distance. Can I live in Canada and commute to the U.S. each day to work in the H1B position?

Answer Yes, this is a fairly common situation. U.S. immigration law does not prohibit a person from residing in Canada (or Mexico) and regularly commuting to the U.S. to work in H1B status. (18.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

11 Nov 2021

The COVID-19 vaccine that I received is not included on the CDC list of acceptable vaccines. However, a few months ago, I was granted a national interest exception (NIE) to travel to the U.S. Can I still enter based on my NIE?

Answer No, it does not appear that admission will be granted based on an NIE issued during the COVID travel ban. The executive order does not specifically address this question, but a number of consulates have confirmed that the NIE program has been rescinded and replaced...

11 Nov 2021

My wife is in the U.S. in H-4 status. I had been on H1B status, but suddenly had to travel overseas. My H1B visa stamp has expired. Can I return to the U.S. using my AP document?

Answer If the principal spouse enters on advance parole, then typically the dependent spouse is no longer eligible to maintain valid H-4 status. (11.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

11 Nov 2021

I filed an EB3 downgrade case, and my I-485 is still pending. I read online that, if my EB2 case becomes current and my I-140 was filed as a new petition rather than as an amendment, the USCIS will automatically adjudicate my case as EB2. Is that correct?

Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...