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04 Aug 2021

My H1B registration was selected in the lottery last week, but the employer that filed the registration no longer has a position available for me. Can I transfer the registration to a different employer?

Answer Unfortunately, no; the cap-subject H1B petition typically can be filed only by the company that submitted the registration. (04.Aug.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,...

16:53 / FAQs / For Employers / For Individuals / Worker
29 Jul 2021

I am going to India to get married, and then am going to honeymoon for two weeks on a Caribbean island. I will apply for a visa at the consulate there. Will I need to also apply for a national interest exception (NIE) because of the travel ban?

Answer The COVID-related travel ban generally applies if the person has been in India (or one of the other restricted countries, such as China, the United Kingdom, and the Schengen area), within the previous 14 days. If a person leaves India and spends 14 days in...

08:16 / FAQs / For Individuals / Travel
29 Jul 2021

I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...

08:13 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

09:53 / Citizen / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
22 Jul 2021

My H1B extension was recently approved, granting me an I-94 valid through 2023. However, the visa stamp in my passport has expired. Am I eligible to change to a new employer, or do I need to first get a new visa stamp?

Answer The expiration date of one's visa "stamp" would typically have no impact on the ability to change to a new employer. (22.Jul.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...

09:48 / FAQs / For Employers / For Individuals / Worker
22 Jul 2021

I recently was granted an emergency appointment by the consulate to apply for a B-2 visa. Does that mean that my national interest exception (NIE) will be granted?

Answer No, being granted an emergency appointment does not necessarily mean that an NIE will be granted. (22.Jul.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...

09:46 / Consulates / FAQs / For Individuals / Travel / Visitor
15 Jul 2021

I have a pending I-485 and a valid advance parole (AP) document. I need to travel to India. Am I subject to the COVID travel ban, or can I use the AP to return to the U.S.?

Answer In the list of exceptions to the COVID-related travel ban, there is no mention of individuals with AP. This presumably means that a person with an AP must obtain a national interest exception (NIE) in order to return to the U.S.Based on anecdotal reports, it...

08:03 / FAQs / For Individuals / Resident / Travel
15 Jul 2021

I invested in a regional center and filed my EB5 case several years ago. It was approved a few months ago, so I filed my I-485 application, along with my EAD application. Will the USCIS continue to adjudicate my applications, even though the regional center program has expired?

Answer For now, the USCIS will not adjudicate any I-485 applications filed based on an I-526 petition, where the investment was made in a regional center. Assuming Congress renews the program, the USCIS is expected to resume processing these I-485 applications.As for the EAD application (form...

08:00 / EB5 Investor / FAQs / For Individuals / Investor / Resident