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25 Mar 2021

I have a bachelor’s degree in Computer Science and an MBA from a U.S. university. My employer submitted an H1B registration for me and listed that I am eligible for the master’s cap. However, the position requires a computer science degree, not an MBA. Is that ok?

Answer To qualify for the master's cap, one must have a master's degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (25.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that...

11:59 / FAQs / For Employers / For Individuals / Worker
18 Mar 2021

My father is in the U.S. in B-2 status, and his I-94 expires in a couple of weeks. His B-2 visa stamp expires next month. If he applies for a B-2 extension, can he request an end-date beyond the expiration date of the visa stamp?

Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...

09:10 / FAQs / For Families / For Individuals / Nonimmigrant Family / Visitor
18 Mar 2021

I am filing an I-539 application to request an extension of B-2 status. Do I need to include an I-134 form with my application?

Answer No, an I-539 applicant is not normally required to include an affidavit of support (form I-134) with the application. (18.Mar.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 ©...

09:06 / FAQs / For Individuals / Visitor
18 Mar 2021

I am currently in India. My H1B petition was approved and I have a valid H1B visa in my passport. However, my project was just canceled. Can I enter in H1B to search for a new project?

Answer No, normally a person cannot enter the U.S. in H1B status for purposes of finding a new H1B employer or project. (18.Mar.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...

09:04 / FAQs / For Individuals / Worker
11 Mar 2021

I understand that I am allowed to move to a similar position and port my I-485 if at least 180 days have passed. Is it 180 days from the “Notice Date” or the “Received Date”?

Answer The 180 days for job portability are generally counted from the received date.  (11.Mar.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...

07:44 / Employment Based / FAQs / For Individuals / Resident / Worker
11 Mar 2021

I am on H1B and my wife is on H-4. If we do not exceed the income limits, are we eligible to get the new round of stimulus checks?

Answer It appears most H1B workers will qualify.As with the previous stimulus bills, the American Rescue Plan Act of 2021 excludes "nonresident aliens," which is a term defined by tax law. Most H1B workers are considered "resident aliens" under tax law, and therefore not excluded from...

07:41 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
04 Mar 2021

I am in H1B status. My sibling is a U.S. citizen and filed an I-130 for me, which was recently approved. Can I use that to now apply for an EAD?

Answer An EAD application cannot typically be filed based on an approved I-130 until the priority date is current and the I-485 application is filed. (04.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

15:25 / FAQs / For Families / For Individuals
04 Mar 2021

I am working in H1B status, and I enjoy writing short stories in my free time. Is it considered unauthorized employment if I submit a story to a magazine and it gets published? Does it matter if I am paid a small fee?

Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...

15:19 / FAQs / For Individuals / Worker