04 Feb 2021

I am in H1B status working from my home office. My client is about to change, but I will continue to work from home. My employer says we therefore do not need to file an H1B amendment. Is that correct?

Answer 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 generally must be filed.  (04.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that...

04 Feb 2021

My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires?

Answer Yes, this generally is permissible. International travel ordinarily does not impact a pending H1B extension. (04.Feb.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....

04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...

28 Jan 2021

I was in the U.S. in F-1 status, and then changed to H1B status in October. Last month, I had to travel overseas due to a family emergency. I was able to book an appointment for next week to get my H1B visa stamp. Am I eligible to get it now, or do I have to wait until after March 31st for the executive order to end?

Answer The executive order issued by Trump in June 2020 related to the issuance of certain types of work visas, including H1B visas, does not apply to anyone who was physically present in the United States as of June 24, 2020. (28.Jan.2021)Sheela Murthy and other senior...

21 Jan 2021

I have been working in the U.S. legally for many years, and still have years to wait to get a green card. If I become an illegal alien, will that help me get a green card faster under President Biden?

Answer There is a widespread misconception that President Biden has proposed providing green cards to undocumented immigrants at the expense of those working legally in the United States. In reality, President Biden has proposed a single bill that would both provide a path for undocumented immigrants...

21 Jan 2021

Now that President Biden is in office, will premium processing be made available for H-4 EADs? Or will the regular processing times for H-4 EADs at least be improved?

Answer It is unclear if or when premium processing may be made available for H-4 EADs. It certainly is possible, but there is no word yet from the new administration. As for standard processing times, it is hard to imagine processing times could get much worse...

14 Jan 2021

I filed my I-485 application at the end of October, but I still have not received a receipt notice and my filing fee checks have not been cashed. Is there any way I can follow up on my application?

Answer The USCIS is experiencing significant delays in issuing receipt notices for the I-485s filed at lockboxes in October. You can try sending an eMail to the USCIS lockbox support at lockboxsupport@uscis.dhs.gov. However, it appears that many of these inquiries are going unanswered.  (14.Jan.2021)Sheela Murthy and...