Attorneys Law Firm Practicecontact us
09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...

16:47 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Student / Travel / Worker
09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

16:38 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
09 Jun 2020

I am a green card holder, but have been staying in India since December 2019 to take care of my parents. I planned on coming back to the U.S. within six months, but the pandemic has forced me to stay in India longer. What should I do? Are there any special allowances being made because of COVID-19?

Answer There are many green card holders who have found themselves stuck outside the U.S. for a prolonged period of time. There are no special rules that have been created because of the pandemic, but the mere fact that you have been outside the country for...

16:34 / FAQs / For Individuals / Resident / Travel
03 Jun 2020

My H1B petition is pending with the USCIS. Today, the online system was updated to say “Name Was Updated.” My employer says they did not submit any type of name change request. What should I do?

Answer The USCIS has been using this strange "Name Was Updated" status alert for a number of years, and it has long created confusion. It is not entirely clear what this actually means, but it appears to at least sometimes be used by the USCIS as...

07:52 / FAQs / For Employers / For Individuals / USCIS News / Worker
03 Jun 2020

My mother is in the U.S. in B-2 status, and her I-94 will expire soon. She has no way to return to India, so she is applying to extend her status. She will return to India as soon as flights resume. Will this prevent her from coming back in B-2 status next year?

Answer There is no set limit to the number of times a person may be admitted in B-2 status, or how many times their status may be extended. CBP officers at the port of entry always have discretion to admit (or deny admission) to a person...

07:49 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Visitor
03 Jun 2020

Now that premium processing services are returning, is it possible to request premium for an H-4 EAD application?

Answer No, the USCIS does not offer premium processing for H-4 applications or for EAD.  (03.Jun.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 LAW FIRM. All...

07:45 / FAQs / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
28 May 2020

Are there any updates on President Trump issuing an executive order to restrict H1B workers? Will it impact my H1B cap case?

Answer Forbes reported today that the Trump Administration is expected to issue an executive order "soon" that would impact certain high-skilled nonimmigrant workers. The presumption is that, if such an order were to be issued, it would focus on foreign nationals requesting admission, as opposed to...

16:03 / FAQs / For Employers / For Individuals / Student / Travel / Worker
28 May 2020

A company submitted an H1B registration for me in March, but it was not selected in the lottery. Is it possible that a second round of lottery selections will take place?

Answer Yes, if there are not enough H1B petitions filed from the registrations that were selected, it is possible that a second round of lottery picks will take place. (28.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

15:58 / FAQs / For Employers / For Individuals / Worker
28 May 2020

I read that the USCIS is going to resume in-person biometrics appointments soon. Does that mean the consulates are also being opened for visa appointments?

Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates.The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in each country...

15:55 / Consulates / FAQs / For Employers / For Families / For Individuals / Student / Travel / USCIS News / Worker