16 Apr 2020

I am in H1B status and have a Social Security Number; my wife is in H-4 status and has an ITIN. We filed U.S. taxes jointly last year. Do we qualify for the stimulus check?

Answer - Updated 17.Apr.2020 We previously indicated that if taxes were filed jointly, where one spouse had a Social Security Number and the other had an ITIN, this should not prevent the spouse with an SSN from receiving the stimulus tax rebate. However, the IRS has...

16 Apr 2020

My H1B registration was selected in this year’s lottery. However, when my employer submitted the registration for me, they misspelled my name. Can I get this corrected?

Answer It does not appear to be possible to correct a registration at this point. The recommendation at this stage typically would be to file the petition with the correct information. Assuming the error in the registration was relatively minor (e.g., a minor typo in the...

16 Apr 2020

Earlier this week, the USCIS posted on its website an announcement about delays in extension / change of status filings. The announcement also talks about the ability to file late. Does this provide any protections to H1B workers who are laid off?

Answer This announcement by the USCIS is not a new policy, or any type of new benefit for foreign nationals in the U.S. It is merely pointing to provisions that already exist in the law. There has been a push to get the USCIS to provide...

09 Apr 2020

I am a British citizen, and entered the U.S. using ESTA. My I-94 was issued through the end of April, but now it appears I may be stuck in the U.S. for a bit longer due to the epidemic. Can I extend my stay?

Answer Ordinarily, a person admitted via ESTA is limited to 90 days in the U.S., without the ability to extend or change status. However, under these unprecedented circumstances, there are some options. First, U.S. Customs and Border Protection (CBP) has advised that people admitted via ESTA...

09 Apr 2020

Two different companies submitted registrations on my behalf, and both were selected. The two companies are unrelated, and neither one knows about the other. Is it a problem if both employers file H1B petitions for me? I will then decide which company to join, depending on whether one or both are approved.

Answer Generally speaking, from an immigration law perspective, having H1B petitions filed by two different employers is permissible. (09.Apr.2020)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 © 2020, MURTHY...

09 Apr 2020

My mother’s B-2 I-94 is about to expire, and she would like to apply for an extension of stay because of COVID-19. She does not know how long she will have to stay, so she has not yet purchased a new return ticket home. Is a return ticket required to apply for an extension of B-2?

Answer A return ticket is not required to apply for a B-2 extension. It can be helpful in many circumstances; but, given the COVID-19 outbreak, it seems unlikely the USCIS will make an issue of this. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies...

02 Apr 2020

I have been working in H1B for a number of years, have paid my taxes, and contributed to this country. Is it true that, despite all this, I still am not eligible for the COVID-19 stimulus payment? This seems entirely unfair!

Answer It actually is not entirely clear whether you will be eligible for the stimulus check. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law last week, excludes "any nonresident alien individual …." Many news outlets have reported that this means...

02 Apr 2020

I have had a green card for a number of years and am in the process of applying for U.S. citizenship. I was recently laid off. Will this impact my naturalization application? Does it matter if I take unemployment benefits?

Answer Ordinarily, being laid off would not impact one's naturalization application. Similarly, applying for unemployment benefits typically would not have any impact on an application for U.S. citizenship. (02.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

02 Apr 2020

My company submitted an H1B registration for me. We just received a notice saying the registration was denied because of a duplicate filing. However, my employer insists they only submitted one registration on my behalf. What should I do?

Answer The American Immigration Lawyers Association reports that there appears to be an issue in the H1B registration system that resulted in some registrations being incorrectly denied as duplicate registrations. Given that the lottery has already taken place, it is not clear whether the USCIS will...