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22 Apr 2021

I am working in the U.S. in H1B status and I am a minority owner of a business in India. I am not doing any work for the Indian company, but the company is scheduled to issue me a payment based on the company’s profits. Am I allowed to accept that money while in H1B status?

Answer Generally speaking, income from a passive investment would not be a violation of H1B status. (22.Apr.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....

10:57 / FAQs / For Individuals / Worker
15 Apr 2021

My H1B registration was selected. In filing the H1B petition, is it possible to request an earlier start date than October 1st?

Answer No, for an H1B registration selected in this year's lottery, the H1B petition generally must request a start date of October 1, 2021.  (15.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

08:40 / FAQs / For Employers / For Individuals / Worker
15 Apr 2021

I was not selected in this H1B lottery, so I am applying for a STEM OPT extension. If there is a second round of H1B selections this year, will my STEM OPT application impact the H1B?

Answer No, applying for a STEM OPT extension typically would have no impact on an H1B registration case.  (15.Apr.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...

08:34 / FAQs / For Individuals / Student / Worker
08 Apr 2021

I recently had to renew my passport. Can I use my new passport, along with the unexpired B-1/B-2 visa in my old passport, to enter the U.S.?

Answer Generally speaking: yes, a person may present a valid B-1/B-2 visa in an expired passport along with the new, unexpired passport to request admission in B-1/B-2 status. (08.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09:03 / FAQs / For Individuals / Travel
08 Apr 2021

Every time I need to travel by plane, I run into problems at the airport. I am sent into secondary inspection, my belongings are searched, and I am sometimes detained for hours. Is there anything I can do?

Answer It seems that, for whatever reason, your name is appearing in a U.S. Department of Homeland Security system as some type of security risk. We have seen such cases where a person had the same name as someone on a government watch list, or it...

09:00 / FAQs / For Individuals / Homeland Security / Travel
08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

08:53 / AOS/CP (Family) / B-2 / Family Based / FAQs / For Individuals / Resident / Travel / Visitor
01 Apr 2021

I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?

Answer Getting married to a person with a green card would have no direct impact on one's F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent. (01.Apr.2021)Sheela...

08:30 / Consulates / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student
01 Apr 2021

I need to get an English translation of a document that I am submitting to the USCIS. Can anyone translate the document, or do I have to hire an official translation service?

Answer Per the USCIS policy manual, "any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from...

08:26 / FAQs / For Employers / For Families / For Individuals / Resident